The Patna High Court granted bail to the petitioner, Sumant Kumar, in a murder case where he was not named in the FIR and had no criminal record, directing release upon furnishing a bond and two sureties.
Petitioner directed to be released on bail on Rs. 10,000 bond with two sureties of like amount, one being a close family relative.
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.57675 of 2017
Arising Out of PS.Case No. -81 Year- 2017 Thana -KAUAKOL District- NAWADA
====================================================== Sumant Kumar (but police remanded him in the name of Sumant Kumar @ Naga), son of Harihar Prasad Mahto Resident of Village - Shekhodeora, P.S. - Kawakole, District - Nawada.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Satyendra Prasad
The State of Bihar.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
The petitioner, already in custody, seeks bail in connection with Kaukol P.S.Case No. 81 of 2017 registered under Sections 302/34 of the Indian penal Code.
Allegation is that nephew of the informant had gone to his father’s-in-law place along with his wife and there his wife and other family members killed him.
Submission is that petitioner is not named in the FIR and except disclosure of his name participating in the occurrence by the deceased’s wife and her brother, no other material is found and other material is that he had illicit relation with the wife of deceased and petitioner is in custody since 07.07.2017 having no criminal antecedent.
Having considered the aforesaid facts and circumstances,
Patna High Court Cr.Misc. No.57675 of 2017 (3) dt.18-01-2018
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the petitioner, namely, Sumant Kumar is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.IV, Nawada in connection with Kawakole P.S. Case No. 81 of 2017, with condition that one of the bailor must be his close family relative. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any medical emergency, his bail bond shall be liable to be cancelled.
(Arun Kumar, J)
Sujit/-
U T
1 issue framed by the court
Whether the petitioner, in custody since 07.07.2017 and not named in the FIR with no criminal antecedent, is granted bail in a murder case.
1 provisions across 1 enactments
Sumant Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
