Allowed

Md. Reyazul v. The State Of Bihar

Patna HC12 Jul 2017CR. MISC./24127/2017

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a murder and culpable homicide case. Relying on the lack of overt acts against the petitioner and reliance on hearsay, the court directed release on bail with a bond and two sureties who must be close relatives.

What did the court decide?

The petitioner is directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each, subject to the condition that both bailors are close relatives.

Md. Reyazul Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24127 of 2017

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Arising Out of PS.Case No. -815 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI)

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======================================================

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Md. Reyazul Son of Kamu Khan, R/o Mohalla Nakachhed Tola, Ward No.4, P.S.- Town Motihari, District- East Champaran.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Atul Chandra

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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4 12-07-2017 Heard learned counsel for the petitioner and the State.

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The petitioner seeks bail in Motihari Town P.S. Case No. 815 of 2016 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code.

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It has been submitted on behalf of the petitioner that mere suspicion has been raised against the petitioner. There is no allegation of any overt act against the petitioner.

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As per written report, the elder brother of the informant came to house after being released from jail in connection with theft case who told to informant that this petitioner on 19-12-2016 had taken LCD and five thousand rupees and did not return the same. The elder brother of the informant went to the petitioner but he did not return. It is further alleged that on 20-12-2016, co-

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Patna High Court Cr.Misc. No.24127 of 2017 (4) dt.12-07-2017

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accused Sikandar Ram told that dead body of elder brother of the informant was lying in an under construction building and the informant identified the dead body and strangulation with Gamchha was found on the neck of deceased.

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The C.D. has been received.

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The learned Sessions Judge has mentioned in the impugned order that materials have come in paras-76 & 77 of the Case diary.

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The learned APP on verification of the aforesaid paragraphs submitted that they are hear say witnesses. There is no allegation of specific overt act against the petitioner.

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In such circumstances, prayer for bail is allowed and the petitioner named above, 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 in connection with Motihari Town P.S. Case No. 815 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to condition that both the bailors should be close relatives of the petitioner.

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(Sanjay Priya, J)

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A.K.V./-

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U T

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Patna High Court Cr.Misc. No.24127 of 2017 (4) dt.12-07-2017

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Md. Reyazul v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Reyazul v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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