This is an oral order granting bail to the petitioner in a criminal case registered under Sections 302 and 120-B of the Indian Penal Code. The court released the petitioner on 14-07-2017 upon furnishing a bail bond of Rs. 10,000 with two sureties.
Release on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.28949 of 2017
Arising Out of PS.Case No. -230 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD
====================================================== Manish Kumar, Son of Rajendra Prasad, Resident of Village- Devkuli Math, P.S.- Makhdumpur, District- Jehanabad.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 14-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Makhdumpur (Tehta O.P) P.S. Case No. 230 of 2016, registered under Section 302 and 120-B of the Indian Penal Code.
The accusation is that on 14.09.2016 at 10.00 P.M. six persons named in the F.I.R. including the petitioner entered in the house of the informant and reached in the room of Chandradeo Yadav, father of the informant, and pressed his neck. It is alleged that earlier on 10.03.2016, they had attempted to kill his father regarding which Makhdumpur P.S. Case No. 65 of 2016 was instituted on 14.09.2016. It is alleged that cash of Rs. 60,000/- and mobile set was also found missing from his father’s room.
Patna High Court Cr.Misc. No.28949 of 2017 (3) dt.14-07-2017
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Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant has disclosed the name of petitioner and five others only due to earlier land dispute and criminal case lodged by father of the informant, except suspicion nothing has been collected by the I.O. of this case in course of investigation and the petitioner having no criminal antecedent is in custody since 21.03.2017.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur (Tehta O.P) P.S. Case No. 230 of 2016.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case under Sections 302 and 120-B of the Indian Penal Code.
Manish Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
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