The Court granted bail to the petitioner in a murder charge case where the petitioner argued he was only named due to suspicion and not in the FIR. Bail was allowed subject to rigorous conditions regarding representation and attendance.
Petitioner released on bail on furnishing bonds of Rs 10,000/- with two sureties of similar 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 45259 of 2017
Arising Out of PS.Case No. -82 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR
====================================================== Ganga Roy @ Gangu son of Laddu Roy resident of Mohalla - Klabganj, Dhanuk Tola, Mirjanhat, P.S. - Mojahidpur, District - Bhagalpur.
.... .... Petitioner/s Versus
The State of Bihar.
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr Manoj Kumar Jha, Advocate For the S t a t e : Mr Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
2 20-09-2017 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in a case registered under Sections 302, 120B/34 of Indian Penal Code.
The allegation made by the informant regarding the
killing of his brother is in respect of one Varun Roy. It is submitted on behalf of the petitioner that the petitioner has not been named in the first information report and only Varun Roy, who is said to be the main and sole assailant, has been named in the FIR. It is further submitted that only on some suspicion raised by the mother of deceased, in her statement made before the police, the petitioner has been dragged in the instant case. It is also submitted that there is no material whatsoever against him
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other than the suspicion raised by the mother of the deceased. Petitioner is in custody since 04.08.2017 and prior to the instant case, there is no criminal antecedent of the petitioner.
Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Bhagalpur in Sessions Trial No 756 of 2017 arising out of Mojahidpur Police Station Case No 82 of 2017 subject to the following conditions:
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(Madhuresh Prasad, J)
M.E.H. /-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a murder case where he claims no material evidence and only suspicion against him.
Whether the conditions for bail can be strictly enforced to prevent misuse of the process.
1 provisions across 1 enactments
Ganga Roy @ Gangu
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
