Patna High Court granted anticipatory bail to three petitioners accused of murder. The court noted the case rested on suspicion alone with no eyewitness, releasing them on a ₹10,000 bond each. Substantive explanation. -
Released on bail on furnishing bond of Rs. 10,000/- each with two sureties of similar amount
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Patna High Court Cr.Misc. No.36676 of 2018 (3) dt.30-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36676 of 2018
Arising Out of PS.Case No. -71 Year- 2018 Thana -KOILWAR District- BHOJPUR
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sarveshwar Tiwary, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 30-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are in custody since 25,02,2018 in connection with Koilwar P.S. Case No. 71 of 2018 for the offence registered under Sections 302 of the Indian Penal Code.
The allegation against the petitioners is that the brother of the deceased had lodged an first information report stating that since there was previous enmity between the petitioners and his brother, he suspected that the petitioners had participated in the offence, leading to the death of his brother.
Learned counsel for the petitioners submits that, save and except suspicion, there is no further material to implicate the
Patna High Court Cr.Misc. No.36676 of 2018 (3) dt.30-07-2018
petitioners in connection with the present case. It is further submitted that there is no eye witness to the occurrence and the petitioners have no criminal antecedents.
Considering the aforesaid facts and circumstances of the case and that the case against the petitioners is based on pure suspicion, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 71 of 2018.
(Anjana Mishra, J)
Jagdish/-
U T
1 issue framed by the court
Whether petitioners chargeable with murder under Section 302 IPC granted bail on suspicion only?
Kishun Paswan @ Kishun Ram, Harendra Paswan, Kaushal Paswan
State of Bihar
Anjana Mishra
As recorded by the court registry
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