Single judge order in criminal bail application. The court granted bail to the petitioner accused of murder under IPC and Arms Act to furnish a bond of Rs.10,000 with two sureties.
Directed release on bail on furnishing bond of Rs. 10,000 with two sureties, one being a close relative to file affidavit.
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.20762 of 2016
| Arising Out of PS.Case No. -999 Year- 2015 Thana -SAHARSA District- SAHARSA |
|---|
| ====================================================== Kundan Singh @ Kundan Kumar Singh, son of Late Sita Ram Singh, resident of Mohalla- Panchabati, Gangajala, Ward No. 17, P.S. + District- Saharsa. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== |
Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Indu Bala Pandey(App) ====================================================== |
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER |
| 2 18-05-2016 Heard learned counsel for the petitioner and the |
| learned A.P.P. for the State. |
The petitioner is accused in connection with Saharsa P.S. Case No. 999 of 2015, registered under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case is that on 04.12.2015, the informant was at his parental house in village Ekparha then received information about shot fire to his son Ritesh Ranjan at Saharsa. Thereafter, informant and other family members reached at Sadar Hospital, Saharsa where he saw his son Ritesh Ranjan has died. The informant further alleged that in course of firing of the miscreants one Shambhu Kumar Das also sustained pellet injury, who is under treatment and the informant raised
Patna High Court Cr.Misc. No.20762 of 2016 (2) dt.18-05-2016
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suspicion against seven persons, named in the F.I.R., including the petitioner having hand in the murder of his son as earlier they have given threatening for dire consequences. There is land dispute in between him and co-accused Mukesh Kumar Singh.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion and is in custody since 29.01.2016. Further submission is that petitioner is accused in three other cases, but he is on bail in all cases. The petitioner is in custody since 29.01.2016.
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 Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 999 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner .
(Rajendra Kumar Mishra, J)
manish/U T
1 issue framed by the court
Whether the petitioner, accused in a murder case, deserves to be released on bail under Section 437 CrPC.
2 provisions across 2 enactments
Kundan Singh @ Kundan Kumar Singh
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
