In bail application dated 22.02.2018, the High Court of Patna directed the petitioner's release upon furnishing a bond of Rs. 10,000 with two sureties in a murder case where the accused had already undergone investigation.
Petitioner released on bail 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.10370 of 2018
Arising Out of PS.Case No. -218 Year- 2017 Thana -SAHPUR District- PATNA
====================================================== Govind Kumar @ Gondu @ Govind Paswan @ Govinda Paswan @ Golu S/o Yugal Paswan , R/o Village- Sadikpur, Rukanpoura, P.S.- Rupaspur, District- Patna.
.... .... Petitioner/s Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Parmanand Prasad
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 22-02-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody, seeks bail in connection with Sahpur P.S.Case No. 218 of 2017 registered under Sections 302, 201 and 120B/34 of the Indian penal Code.
Allegation in brief is that informant’s son who had left for in-laws house but did not returned back and next day his dead body was found and informant suspected the hand of Chandu Rai along with some other unknown associates in the act of killing his son.
Submission is that there is no eye witness in the case, except disclosure of the name of the petitioner in the confessional statement of Chandu Rai before the police acknowledging involvement in this case, there is no other material; moreover petitioner has no criminal antecedent and police has completed the
Patna High Court Cr.Misc. No.10370 of 2018 (2) dt.22-02-2018
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investigation.
Having considered the aforesaid facts and circumstances, the petitioner, namely, Govind Kumar @ Gondu @ Govind Paswan @ Govinda Paswan @ Golu, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM, Danapur in connection with Sahpur P.S.Case No. 218 of 2017.
(Arun Kumar, J)
Sujit/-
U T
2 issues framed by the court
Whether the petitioner, already in custody in a murder case, be granted bail.
Whether the lack of eyewitnesses and a single confessional statement precludes bail.
3 provisions across 1 enactments
Govind Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
