Single judge oral order granting bail to applicant charged with murder and related offences. Court directs release on bond of Rs. 10,000 with two sureties subject to stipulation of attendance and default consequences.
Petitioner directed to be released on bail on execution of bond of Rs. 10,000 with two sureties of like amount each.
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Patna High Court Cr.Misc. No.19352 of 2017 (2) dt.24-05-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19352 of 2017
Arising Out of PS.Case No. -122 Year- 2016 Thana -DARAUNDHA District- SIWAN
====================================================== Chandrika Yadav Son of Bishun Yadav Resident of Village - Mardanpur, Police Station Daraunda, District - Siwan..... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
The petitioner seeks bail in connection with Daraundha P.S. Case No. 122 of 2016 registered for the offences punishable under Sections 302, 307, 341, 120B of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner is not named in the first information report wherein specific allegation is against FIR named accused persons to have opened fire causing death of the son of the informant. The informant is an eye witness of the occurrence but name of the petitioner transpires during investigation in the confessional statement of Markandey Giri.
Submission is of false implication and that Markandey Giri and Jitendra Kumar Singh have already been allowed bail vide order dated 08.05.2017 passed in Cr. Misc. No. 20637 of
Patna High Court Cr.Misc. No.19352 of 2017 (2) dt.24-05-2017
2017 and 21459 of 2017 by another co-ordinate Bench of this Court and as such the petitioner deserve sympathetic consideration.
Learned APP fairly submits that two co-accused have been allowed bail.
In the facts and circumstances stated above, the petitioner above named 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 Chief Judicial Magistrate, Siwan in connection with Daraunda P.S. Case No. 122 of 2016, 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)
avin/-
U T
3 issues framed by the court
Whether the petitioner is entitled to be released on bail in connection with offences under Sections 302, 307, 341, 120B of IPC and Section 27 of Arms Act.
Whether the petitioner's inclusion in the案卷 after investigation warrants bail given co-accused have been released.
Whether conditions of bail including property and presence during trial are sufficient.
Chandrika 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
