The Hon'ble Patna High Court granted bail to the petitioner in a murder and Arson case pending before the trial court, noting that similarly situated co-accused had already been granted anticipatory bail.
Enlargement on bail on furnishing bond of Rs. 25,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22076 of 2018
Arising Out of PS.Case No. -163 Year- 2017 Thana -JADIA District- SUPAUL
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.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sri Anil Prasad Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 18-05-2018
The petitioner is apprehending his arrest in connection with Jadia P.S. Case No. 163 of 2017, registered for offences punishable under Sections 147, 302, 201, 120(B) of the Indian Penal Code.
Petitioner is cousin devar of the deceased and allegation against him and others is of causing death of the deceased.
It has been submitted on behalf of the petitioner that the has falsely been made accused in this case and he lives separately from the family of husband of the deceased. Further other similarly situated co-accused has already been granted the privilege of anticipatory bail by this Court vide order dated 15.05.2018 passed in Cr. Misc. No. 22256 of 2018.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.22076 of 2018 (3) dt.18-05-2018
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Having heard both sides, in view of the above facts as well as in view of the fact that other similarly situated co-accused has already been granted the privilege of anticipatory bail, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM – V, Supaul, in connection with Jadia P.S. Case No. 163 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:-
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the
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prosecution is free to move for cancellation
of his bail bonds.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether the petitioner is entitled to enlargement on bail given the apprehension of arrest in a specific police case.
Whether the grant of anticipatory bail to similarly situated co-accused is a relevant factor for the petitioner.
1 provisions across 1 enactments
Arbind Mehta
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
