The High Court granted bail to the accused who was found in possession of the deceased's registered mobile number. The court held that possession alone did not establish participation in the murder under Sections 302, 34 IPC.
Petitioner released on bail on furnishing bonds 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.44355 of 2017
Arising Out of PS.Case No. -289 Year- 2011 Thana -BARHARIA District- SIWAN
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Ajay Kumar Son of Buna Lal Mahto @ Munilal Mahto @ Buna Lal Prasad, R/o Village- Raja Rampur, P.S.- Saraiy, District- Muzaffarpur.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Atul Chandra
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 04-12-2017 Heard the counsels for the parties.
The petitioner seeks bail in connection with Harharia (G.H. Nagar) P.S. Case No. 289 of 2011 dated 14.12.2011 instituted for the offences under Sections 302/34 of the India Penal Code.
It has been alleged in the F.I.R by the nephew of the deceased that two named persons viz. Upendra Sahani and Ravindra Ram had come to the residence of the deceased and had taken him to some place for purchase of husk. Later, the dead body of the deceased was found by the side of the road.
The petitioner is not named in the F.I.R. During course of investigation, it came to light that the deceased was using a mobile number with IMIE No. 810523809369330 and was
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using a SIM card which had been issued in the name of his mother. From the possession of the petitioner, the mobile with the same IMIE number was recovered. Beyond the aforesaid material, nothing else had come during the course of investigation. The petitioner does deal in the sale and purchase of husk. He is, it has been submitted, a truck driver. Learned counsel for the petitioner, therefore submits that merely because the petitioner is found to be in possession of the same mobile number, it cannot be said that he had participated in the occurrence. The petitioner is in custody since 14.06.2017.
For the aforesaid stated facts, this Court is inclined to grant bail to the petitioner.
The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Barharia (G.H. Nagar) P.S. Case No. 289 of 2011.
(Ashutosh Kumar, J)
Shageer/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in connection with murder offences given his possession of the registered mobile device of the deceased.
Whether possession of the seized mobile number alone establishes participation in the alleged murder.
1 provisions across 1 enactments
Ajay Kumar
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
