Petitioner accused of murder under Section 302 IPC and Arms Act. Court granted bail directing petitioner to furnish Rs. 10,000 bond with two sureties as he had no overt act.
Petitioner to be released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19787 of 2016
Arising Out of PS.Case No. -12 Year- 2016 Thana -DALSINGHSARAI District- SAMASTIPUR
====================================================== Manoj Kumar Mehta, Son of Late Roop Narayan Mehta, Resident of Village - Bhagwanpur Chak Shekhu, Ward No. 7, P.S. - Dalsingsarai, District - Samastipur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Ajay Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 12-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Dalsingsarai P.S. Case No. 12 of 2016, registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that seven named persons in the F.I.R., including the petitioner and three unknown, reached near the house of the informant. Out of them, Sanjeet Kumar Choudhary shot fire at the husband of the informant, who died in the way of hospital.
Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. along with others, but there is no overt act attributed against the petitioner. There is specific
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allegation against Sanjeet Kumar Choudhary, who shot fire at the deceased. The petitioner having no criminal antecedent is in custody since 19.01.2016.
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 A.C.J.M., Dalsingsarai in connection with Dalsingsarai P.S. Case No. 12 of 2016.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner, accused in a murder case with no overt act attributed to him, is entitled to bail.
Manoj Kumar Mehta
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
