One-judge oral order granting bail to the petitioner who is in custody but not named in the FIR, regarding a murder case involving conspiracy.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties.
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Patna High Court Cr.Misc. No.15770 of 2018 (2) dt.19-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15770 of 2018
Arising Out of PS.Case No. -114 Year- 2016 Thana -SABAUR District- BHAGALPUR
====================================================== Puran Mandal, son of Doman Mandal, resident of Village Mamalkha, PS Sabour, District Bhagalpu .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Upendra Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 19-03-2018
Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Sabour PS Case No. 114 of 2016 (S.T. No. 575 of 2017) registered under Sections 302, 120B & 34 of the IPC.
The allegation in brief is that while the informant was coming along with his uncle then intercepted by three FIR named persons on the way and Tera Mandal shot at his uncle causing his death, rest others also shot at the informant but he escaped.
Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, the allegation of killing the deceased is against Tera Mandal, the FIR named accused, and only material transpired during investigation against the petitioner that he was seen standing by side of the tractor of Tera Mandal, besides the petitioner is in custody since 30.6.2017.
Having considered the said facts and circumstances, the petitioner, namely, Puran Mandal is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Bhagalpur in connection with Sabour PS Case No. 114 of 2016 (S.T. No. 575 of 2017).
Snkumar/-
(Arun Kumar, J)
U T
1 issue framed by the court
Whether the petitioner named Puran Mandal is entitled to bail in the murder case where he is not a named accused in the FIR.
3 provisions across 1 enactments
Puran Mandal
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
