Patna High Court granted bail to petitioners in murder case pending investigation. Court noted only suspicion existed regarding previous enmity and minimal material was against them. Bail fixed at Rs. 10,000 each.
Released on bail by furnishing bonds of Rs. 10,000 each with two sureties.
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.27135 of 2016
Arising Out of PS.Case No. -68 Year- 2016 Thana -NANPUR District- SITAMARHI ====================================================== 1. Mukesh Raut S/o Ram Dahin Raut 2. Ram Dahin Raut S/o Late Bihari Raut R/o Village - Nanpur, Bengha Tola, P.S. - Nanpur, District - Sitamarhi. .... .... Petitioners Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
3 30-08-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
Petitioners are named in the first information report but in the first information report only suspicion has been raised against them. In course of investigation, the witnesses examined but they also expressed their suspicion against the petitioners on the ground of previous enmity and threatening. Moreover, on the basis of information given by the informant the investigating officer seized some blood stained soil and a pen from the field of
Patna High Court Cr.Misc. No.27135 of 2016 (3) dt.30-08-2016
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the petitioners and except the aforesaid materials, there appears to be nothing against these petitioners.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 68 of 2016.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail in a murder case where suspicion of previous enmity existed.
Whether the materials seized and statements made against petitioners disclose sufficient ground for refusal.
2 provisions across 1 enactments
MUKESH RAUT AND ANR.
STATE OF BIHAR
HEMANT KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
