This oral order granted bail to three petitioners accused of murder under Sections 302 and 120(B) IPC. The High Court held that impugned order dated 10-01-2018 expanded bail to be enlarged.
Petitioners directed to be enlarged on bail furnished 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.
Patna High Court Cr.Misc. No.1159 of 2018 (2) dt.10-01-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1159 of 2018
======================================================
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Vinod Shankar Modi
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 10-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Balia P.S. Case No. 119 of 2017 registered under Sections 302, 120(B)/34 of the Indian Penal Code.
As per prosecution case, the informant has got information at Purnia about lying his son unconscious. His relative rushed him to the hospital but he died. The informant has suspected nine accused persons including the petitioner in the occurrence of murder of his son.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in this case merely on suspicion and previous animosity. There is no eye
Patna High Court Cr.Misc. No.1159 of 2018 (2) dt.10-01-2018
witness of the occurrence. They have no concern with the said occurrence. The allegation levelled against the petitioners is not specific rather omnibus. The petitioners have been languishing in custody since 20.11.2017. Similarly situated co-accused namely, Bhuttu Khalifa and Madhu Devi have been enlarged on bail by different co-ordinate Bench of this Court vide order dated 03.11.2017 and 05.12.2017 passed in Cr. Misc. nos. 51800 of 2017 and 58233 of 2017 respectively.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 119 of 2017.
(Prakash Chandra Jaiswal, J)
rohit/U T
2 issues framed by the court
Whether the petitioners should be granted bail in the murder case.
Whether the allegations against the petitioners were specific or based on suspicion.
Amar Khalifa
Jeetu @ Manish Khalifa
Bhuwan Khalifa
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
