The court allowed the petitioner's application for regular bail in a murder case, directing him to furnish a bail bond with sureties and local bailor subject to specific conditions regarding witness tampering.
The petitioner was enlarged on bail by furnishing a bail bond of Rs. 25,000 with two sureties of the like amount each.
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.47816 of 2018
Arising Out of PS.Case No. -371 Year- 2017 Thana -FATEHPUR District- GAYA
======================================================
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 26-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Fatehpur P. S. Case No. 371 of 2017, registered for offences punishable under Sections 302, 201 and 120 (B)/34 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner along with other six accused persons has assaulted the deceased and after killing, the dead body was thrown in the well.
Submission of the learned counsel for the petitioner
is that there is an omnibus and general allegation against the petitioner and there is no eye witness of the alleged occurrence and one of the co-accused having similar allegation has been
Patna High Court Cr.Misc. No.47816 of 2018 (2) dt.26-09-2018
2/2
granted regular bail vide order dated 05.03.2018 passed in Cr. Misc. No. 8121 of 2018.
Heard learned A.P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, 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- Xth at Gaya in connection with Fatehpur P.S.Case No. 371 of 2017, subject to the following conditions:-
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 will not induce any witness or tamper with the evidence.
(Vinod Kumar Sinha, J)
Sudha/U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with offences of murder and conspiracy under Sections 302, 201, 120(B)/34 IPC?
Colour shows how this judgement treated each authority
Order dated 05-03-2018 in Cr. Misc. No. 8121 of 2018Referred¶18
Cr. Misc. No. 8121 of 2018
2 provisions across 2 enactments
Bhola Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
