In a criminal bail matter, the Patna High Court granted bail to two petitioners accused under Sections 302/34 IPC and Section 27 Arms Act in a murder case, directing them to furnish a bond with sureties.
Release on bail on furnishing bond of Rs.10,000 with two sureties, one being a close relative.
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Patna High Court Cr.Misc. No.20787 of 2016 (2) dt.18-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20787 of 2016
Arising Out of PS.Case No. -206 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ====================================================== 1. Banty Singh 2. Nikku Singh, Both Sons of Vijay Singh, Resident of Village- Jaitpur, P.S.- Barhaiya, District- Lakhisarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. For the Opposite Party/s : Mr. Dharmendra Kumar Raju (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 Barahiya P.S. Case No. 206 of 2015 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that 13 persons named in the F.I.R. including the petitioners started to chase the informant and his brother, Mohan Kumar, and made indiscriminating firing, in which, the brother of informant sustained injury and died later on. The cause of occurrence is that the judgment was to be pronounced in Barhaiya P.S. Case No. 129 of 2010, in which, there was chanced of acquittal of Mohan Kumar.
Patna High Court Cr.Misc. No.20787 of 2016 (2) dt.18-05-2016
Learned counsel for the petitioner submits that, in fact, Mohan Kumar, brother of the informant, was a veteran criminal and the petitioner being the co-villagers of the informant has falsely been implicated in this case. Learned counsel for the petitioner further submits that co-accused, Roushan Singh, has already been granted privilege of bail by a Bench of this Court vide order dated 02.05.2016 passed in Criminal Misc. No. 18576 of 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 Barahiya P.S. Case No. 206 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail in a trial for murder.
Whether the fact that a co-accused has already been granted bail is relevant to the bail application.
2 provisions across 2 enactments
Banty Singh
Nikku 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
