Single judge ordered release of petitioner on bail in a murder and attempted murder investigation where co-accused had already been admitted to bail and no substantial evidence existed against him.
Petitioner directed to be released on bail by furnishing bond of Rs.10,000 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13083 of 2018
Arising Out of PS.Case No. -75 Year- 2017 Thana -BARGANIA District- SITAMARHI
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Bam Shankar Chaudhary, Son of Late Mahesh Chaudhary, R/o VillageAshogi, P.S.- Bairginia, District- Sitamarhi.
.... .... Petitioner. Versus The State of Bihar. .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. N.K.Agrawal, Sr.Advocate and Mr. Ashok Kumar Jha, Advocate For the Opposite Party: Mr. Md.Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 06-03-2018 Heard the learned Senior counsel for the petitioner and the learned A.P.P.
Petitioner seeks regular bail in Bairgania P.S.Case No.75 of 2017 instituted for the offence under Sections 307, 302, 120(B)/ 34 of I.P.C. and Section 27 of the Arms Act.
Allegation, in brief, is that one unknown person shot at the uncle of the informant.
Learned counsel for the petitioner submits that the informant is said to be the eye witness and according to him, 25 years old man shot at his uncle whereas the petitioner is 50 years old. Only material against him is the confessional statement of one Rakesh Jha. Petitioner is well known person in the locality as the petitioner’s wife is Chairman of the Municipality. So, due to
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political rivalry he has been implicated in this case,0 moreover coaccused, namely, Rakesh Jha and Saddam Hussain, have been admitted to bail by co-ordinate Bench of this Court vide orders dated 21.09.2017 and 18.10.2017 passed in Cr. Misc. No.43007 of 2017 and Cr. Misc. No.49590 of 2017 respectively.
Having considered the aforesaid facts and
circumstances, petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Sitamarhi, in Bairginia P.S.Case No.75 of 2017.
(Arun Kumar, J)
AnilKrSinha/-
U T
1 issue framed by the court
Whether petitioner is entitled to regular bail in a case involving murder and dacoity?
2 provisions across 2 enactments
Bam Shankar Chaudhary
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
