Petitioner sought bail in a murder case (Sections 302 and 201/34 IPC) alleging false implication. Court noted lack of direct evidence. Petitioner released on ₹10,000 bond with conditions
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48877 of 2015
Arising Out of PS.Case No. -854 Year- 2014 Thana -ARARIA District- ARRARIA ====================================================== 1. Arvind Yadav Son of Bindeshwari Yadav, Resident of Village - Ghatiyari, P.S. - Araria, R.S. District - Araria. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 29-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State. The petitioner seeks bail in a case for the offences punishable under sections 302 and 201/34 of the I.P.C Allegedly, Kailu Yadav, the son of the informant, went with the petitioner on his cycle but thereafter the dead body of Kailu Yadav was found and accordingly it is claimed that the petitioner has killed Kailu Yadav by strangulating him with rope.
Submission is of false implication and that only on suspicion the petitioner has been named, there is no direct evidence against the petitioner, it is a case of last seen, the petitioner has got no criminal antecedent, he has voluntarily surrendered on 03.08.2015 and since then he is in custody, during
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investigation the witnesses have developed some story and have alleged that the petitioner was trying to obtain a paper from the deceased.
The learned A.P.P. after going through the case diary fairly submits that there is no direct evidence.
In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Araria in Araria (R.S.) P.S. Case No. 854 of 2014, subject to the conditions that one of the bailors must be a 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)
Abhay/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a murder case where the charge is based on suspicion and last-seen theory without direct evidence against the petitioner.
What conditions, if any, must be satisfied for the release of a petitioner on bail who has voluntarily surrendered.
Arvind Yadav
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
