The Patna High Court granted anticipatory bail to ten petitioners accused of murder, murder conspiracy, and abetment. Bail was contingent on surrender or arrest within six weeks and furnishing bond amounts.
Granting of anticipatory bail upon surrender or arrest within six weeks by executing 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. 28838 of 2017
Arising Out of PS.Case No. -299 Year- 2015 Thana -FALKA District- KATIHAR
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All resident of Village - Mahdatpur, P.S. - Parbatta, District - Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the State : Mr. Anil Kumar, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date: 10-08-2017
Heard learned counsel for the petitioners and learned
A.P.P. for the State.
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there is absolutely no motive to kill the mother of the informant and further that it cannot be accepted that the petitioners living in a different district would come and strangulate the old mother of the informant. Learned counsel submitted that it has come during investigation, that nobody had seen any of the petitioners in the village or committing the crime and the postmortem report indicates death on account of asphyxia due to strangulation. It was submitted that 13 persons coming from another village in a different district, without being seen and only picking up the old mother of the informant and strangulating her, is a concocted story. Learned counsel submitted that false implication is clearly writ large from the fact that Parbatta P.S. Case No. 59 of 2015, under Sections 302/120B/34 of the Indian Penal Code had been lodged on 03.12.2015, in which almost all the petitioners are witness with regard to killing of the brother of the petitioner no. 1 by the informant’s brother and nephews. It was further submitted that earlier also Naugachhia P.S. Case No. 205 of 2015 dated 03.12.2015 was also lodged against the petitioners in which final form has been submitted and accepted by the Court. Learned counsel submitted that Naugachhia P.S. Case No. 43 of 2017, has also been filed against them by the wife of one Anjay Singh, who is the nephew of
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the informant, and accused in Parbatta P.S. Case No. 59 of 2015. It was submitted that only to put pressure on the petitioners, not to depose in Parbatta P.S. Case No. 59 of 2015, false implication has been made. Learned counsel drew the attention of the Court to order dated 15.05.2017 passed by a co-ordinate Bench in Cr. Misc. No. 12760 of 2017, by which the remaining two accused persons in the present case have been granted anticipatory bail.
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with regard to good behaviour of the petitioners. Any violation of the terms and conditions of the bond shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.
(Ahsanuddin Amanullah, J.)
| P. Kumar |
|---|
| AFR/NAFR |
| U T |
1 issue framed by the court
Whether sufficient cause exists to grant anticipatory bail to petitioners facing charges under Sections 302/120B/34 of the Indian Penal Code.
1 provisions across 1 enactments
Satish Singh and others
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
