This is an oral order granting bail to the petitioner following an application in a murder and kidnapping case where the Court found an absence of material to implicate the accused and noted co-accused have been released.
Petitioner released on bail by furnishing bonds of Rs 10,000 with two sureties of 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 62641 of 2017
Arising Out of PS.Case No. -533 Year- 2017 Thana -KHAZANIHAT District- PURNIA
====================================================== Gulshan Singh S/o Shilbhadra Singh, R/o Mohalla- Genesh Nagar, P.S.- K Hat, District- Purnea.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr Vikram Singh, Advocate For the S t a t e : Ms Pushpa Sinha II, APP
====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
4 19-02-2018 Heard counsel for the petitioner and the State.
Petitioner seeks bail in a case registered under Sections 364, 379, 302 of Indian Penal Code.
Allegation relates to abduction and murder against unknown persons. Petitioner has been implicated in this case on the basis of statement of co-accused Ashutosh Jha @ Sonu Kumar. Other than his own confessional statement, it is submitted by the counsel for the petitioner, that there is no material to implicate the petitioner in the instant case. Other co-accused Kare Pandit @ Suresh Kumar Pandit, Pannalal Mandal and Md Mazhar have been allowed bail by this Court in Cr Misc No 58898 of 2017 and Cr Misc No 8817 of 2018 . In the other two cases pending against the petitioner, he is already on bail.
Patna High Court Cr.Misc. No.62641 of 2017 (4) dt.19-02-2018
2/2
Considering the aforesaid submissions, petitioner’s
prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in K Hat Police Station Case No 533 of 2017 subject to the following conditions:
(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H. /-
U T
1 issue framed by the court
Whether bail be granted to the petitioner in a murder case.
GULSHAN SINGH
THE STATE OF BIHAR
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
