In a criminal bail petition involving murder and arms offences, the court granted regular bail to the petitioner subject to standard conditions, noting that bail had been granted to similarly situated co-accused persons.
Petitioner enlarged on bail with bond of Rs. 25,000 and two sureties of equal amount subject to conditions.
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.41263 of 2018
Arising Out of PS.Case No. -353 Year- 2017 Thana -BIHPUR District- BHAGALPUR
======================================================
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 25-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Bihpur P.S.Case No. 353 of 2017, registered for offences punishable under Sections 147, 148, 149, 302, 379 of the Indian Penal Code and 27 of the Arms Act.
As per F.I.R., allegation against the petitioner is that
the petitioner along with other six persons surrounded the informant and her husband on the way and made indiscriminate firing from their respective rifles, causing death of the Dewar of the informant and also snatched Rs. 15,000/- from the pocket of the deceased.
Submission of the learned counsel for the petitioner
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is that the petitioner has committed no offence and the petitioner has been falsely implicated in the case. It is also submitted that the petitioner has not been caught at spot and nothing has been recovered from the possession of the petitioner. It is further submitted that similarly situated co-accused persons have been granted bail by different Co-ordinate Benches of this Court vide order dated 11.01.2018 passed in Cr. Misc. No. 59253 of 2017, vide order dated 17.01.2018 passed in Cr. Misc. no. 60851 of 2017 and vide order dated 07.02.2018 passed in Cr. MISC. No. 7070 of 2018 (Annexure-2 series) and the petitioner is in custody since 28.05.2018.
Heard learned A.P.P also.
Having heard both sides and in view of the facts and circumstances that other similarly situated co-accused persons have been granted bail, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Class, Naugachia in connection with Bihpur P.S. Case No. 353 of 2017, subject to the following conditions:-
i) One of the bailors of the petitioner shall be a local
person having sufficient immovable property
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within the jurisdiction of the concerned Court.
ii) The petitioner will not induce any witness or tamper with the evidence.
iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J)
Sudha/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in connection with offences punishable under Sections 302 IPC and 27 of the Arms Act.
Gunjan Paswan @ Chandan Kumar Paswan
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
