Hearing a bail application in a murder case, the Court released the petitioner on bail subject to furnishing a bond with sureties, noting the lack of eyewitnesses and prior bail for co-accused.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties of 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.23794 of 2018
Arising Out of PS. Case No.-83 Year-2017 Thana- AGIAUN District- Bhojpur
======================================================
Suresh Giri, Son of Late Munshi Giri, Resident of Village-Ashudhan Mathiya, P.S.-Ayar, District-Bhojpur (Arrah).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 20-04-2018
Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Agiaon (G) PS Case No.83 of 2017, giving rise to Sessions Trial No.398 of 2017, registered under Sections 302/201/34 of the Indian Penal Code.
Allegation in brief is that three accused persons took the father of the informant to some other place and next day his dead body was found in agricultural field and petitioner is suspected in the alleged offence.
Learned counsel for the petitioner submits that there is no eye witness in this case, there is no material except the last seen and similarly situated other two co-accused Raj Kumar Giri and Rajesh Giri have been admitted to bail by a coordinate
Patna High Court Cr.Misc. No.23794 of 2018(2) dt.20-04-2018 2/2
Bench of this Court as well as by this Court vide Cr. Misc. Nos.1176 of 2018 and 8578 of 2018 on 06.02.2018 and 13.02.2018 respectively.
Having considered the aforesaid facts and circumstances, petitioner Suresh Giri is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VII, Bhojpur, Arrah in connection with Agiaon (G) PS Case No.83 of 2017, giving rise to Sessions Trial No.398 of 2017.
(Arun Kumar, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a murder case where co-accused have been admitted to bail?
Whether there is sufficient evidence to deny bail in a case involving disappearance and discovery of dead body?
Suresh Giri
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
