In a bail application arising from a murder case, the High Court allowed the petitioner's petition, ordering his release on bail with two sureties after noting that similar co-accused had already been granted bail.
The petitioner is released on bail on furnishing a 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.46187 of 2018
Arising Out of PS.Case No. -231 Year- 2018 Thana -BHAGALPUR KOTWALI District- BHAGALPUR
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Binod Yadav, S/o Late Chhakku Yadav, R/o Vill.- Choudhridih, P.S.Lodipur, District- Bhagalpur
.... .... Petitioner/s
| Versus |
|---|
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 21-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 10.04.2018 in connection with Kotwali (Barari) P.S. Case No.231 of 2018 registered for the offence under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the allegation is that several persons, which included the petitioner, fired at the deceased from close range behind the ears. The post-mortem examination report reveals two entry wounds and the allegation is attributed to at least ten persons, which also included the petitioner. It is submitted that the story as carved out by the informant is based on conjectures and surmises and
Patna High Court Cr.Misc. No.46187 of 2018 (2) dt.21-08-2018
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is not worthy of credence. It is further submitted that several other similarly situated co-accused persons named in the F.I.R. have since been extended the privilege of regular bail in Cr.Misc. No.42605 of 2018 vide order dated 06.08.2018, Cr.Misc. No.45845 of 2018 vide order dated 10.08.2018, Cr.Misc. No.46114 of 2018 vide order dated 18.08.2018 and Cr.Misc. No.50138 of 2018 vide order dated 14.08.2018.
In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur, in connection with Kotwali (Barari) P.S. Case No.231 of 2018.
(Anjana Mishra, J)
PNM
U T
1 issue framed by the court
Whether the petitioner, in custody since April 2018 for offences under Sections 302/I.P.C and Arms Act, should be released on bail.
Binod Yadav
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
