This is an oral bail order in a criminal miscellaneous appeal. The High Court granted bail to the petitioner accused of murdering the husband of an informant. The court noted the lack of eye-witnesses and direct evidence, granting bail on ₹10,000 with two sureties.
Release on bail of Rs. 10,000 with two sureties of the like amount each.
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.48843 of 2015
Arising Out of PS.Case No. -16 Year- 2015 Thana -BHAGWANGANJ District- PATNA ====================================================== Shyamdeo Yadav @ Shyam Deo Singh Son of Deo Bachan Yadav resident of Village Nadawana P.s Bhagwanganj District Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Ranjan : Mr. A.K. Thakur For the Opposite Party/s Mr. M. RAB (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 28-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Bhagwanganj, P.S. Case No. 16 of 2015 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegedly, Ram Bilas Thakur the husband of the informant was killed and his dead body was found lying about 100 yards away from the Bhatti of the petitioner. It is claimed that the petitioner and other co-accused having enmity with the husband of the informant due to none cutting of hair and shave they have killed her husband and conceal the dead body.
Submission is of false implication and that the there
Patna High Court Cr.Misc. No.48843 of 2015 (3) dt.28-01-2016
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is no eye witness of the alleged occurrence and merely on the basis of suspicion and enmity the petitioner and others have been roped, the petitioner has got no concern with the deceased and without any legal and cogent evidence he is suffering in custody since 31.3.2015 to which the learned A.P.P. opposes by submitting that co-accused Gopi yadav has confessed his guilt also.
In the facts and circumstances stated above, considering that there is no direct evidence against the petitioner charge-sheet has already been submitted and there is no chance of tampering with prosecution evidence and as such the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate 1st Class, Masaurhi in connection with Bhagwanganj P.S. Case No. 16 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
siddharth/U T
2 issues framed by the court
Whether bail ought to be granted to the petitioner charged with offences under Section 302/201/34 IPC.
Whether petitioner's release on bail would jeopardize the trial given lack of direct evidence against him.
1 provisions across 1 enactments
Shyamdeo Yadav @ Shyam Deo Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
