The High Court of Judicature at Patna granted bail to the petitioner in a murder case registered under Sections 302, 120B IPC and Section 27 Arms Act, subject to conditions including a bail bond and sureties.
Petitioner granted bail on Rs. 20,000 bond with two sureties of like amount each, subject to specific conditions regarding cooperation and residence.
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.57340 of 2018
Arising Out of PS.Case No. -123 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR)
====================================================== Mukesh Kumar S/o Bhikhari @ Bihari Rai, R/o Dighi, P.S.- Hajipur Sadar, District - Vaishali.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Rai For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
The FIR of the occurrence of murder is against unknown. Name of the petitioner surfaced in the confessional statement of co-accused Vishal Kumar who has already been allowed bail by a Coordinate Bench of this Court vide order dated 31.01.2018 passed in Cr. Misc. No. 635 of 2018 (Annexure-2).
Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in
Patna High Court Cr.Misc. No.57340 of 2018 (2) dt.20-09-2018
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connection with Hajipur Industrial Area Police Station Case No. 123 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
Colour shows how this judgement treated each authority
Cr. Misc. No. 635 of 2018Referred¶7
Mukesh Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
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