This bail order released the petitioner in a murder case, citing the bail granted to a similarly situated co-accused, directing him to furnish a bond with two sureties.
Bail granted to the petitioner upon furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the S.D.J.M., Jamui.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19246 of 2016
Arising Out of PS.Case No. -49 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Pappu Paswan, Son of Late Tejo Paswan, resident of village- Chhapa Korwadih, Jhajha, District- Jamui. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 04-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in connection with JhaJha P.S. Case No. 49 of 2014, registered under Section 302, 201, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. The allegation of informant is that his son Raj Kumar Yadav was taken by his villager Vinod Yadav on his motorcycle. In the evening Vinod Yadav returned to his house, but son of the informant did not return. In course of search, his dead body was found in the forest. The informant further alleged that petitioner along with four others had come at his door in search of his son.
Learned counsel for the petitioner submits that
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petitioner is innocent and has been falsely implicated in this case. Further submission is that except the suspicion, there is nothing against the petitioner to show his involvement in the present case. Moreover, the similarly situated co-accused Binod Yadav has already been granted privilege of bail by a coordinate Bench of this Court vide order dated 14.10.2014 passed in Criminal Misc. No. 35051 of 2014. The petitioner is in custody since 08.12.2015.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jamui in connection with JhaJha P.S. Case No. 49 of 2014.
(Rajendra Kumar Mishra, J)
manish/U T
1 issue framed by the court
Whether the petitioner, accused in a murder case along with similarly situated co-accused who was granted bail, ought to be released on bail.
Pappu Paswan
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
