Single judge order granting bail to the petitioner accused of murder under Sections 302, 201, and 120-B IPC. Released on furnishing a bond with sureties, one being a close relative.
Petitioner directed to be released on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount each, one being a close relative.
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.19316 of 2016
Arising Out of PS.Case No. -72 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Surendra Yadav, S/o late Munshi Yadav R/o Village- Kharra, P.S Surajgarha, District Lakhisarai. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajnish Chandra For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 05-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in connection with Surajgarha P.S. Case No. 72 of 2015, registered under Section 302, 201 and 120(B) of the Indian Penal Code.
The accusation is that six named persons in the F.I.R. including the petitioner forcibly took the husband of the informant for threshing the crops, where all the persons put the husband of the informant in the threshing machine where he died.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. as on the basis of the written report of Subha Devi Surajgarha P.S. Case No. 72 of 2015 was instituted against six persons and name of the petitioner find no
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place in the F.I.R. The name of the petitioner had also not disclosed in the Chargesheet, but later, on the basis of the letter of SC/ST commission a supplementary Chargesheet has been submitted against the petitioner. Further submission is that petitioner has no criminal antecedent is in custody since 30.03.2016.
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 Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S. Case No. 72 of 2015. Out of two sureties, one surety must be the parents/close relative of the petitioner, who will file an affidavit showing his relation with the petitioner .
(Rajendra Kumar Mishra, J)
manish/-
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1 issue framed by the court
Whether the petitioner, who was not in the original F.I.R. or Chargesheet, should be released on bail given the SC/ST Commission supplementary charges.
1 provisions across 1 enactments
Surendra Yadav
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
