In a criminal miscellaneous matter arising from a murder case, the Patna High Court allowed bail to the petitioner, who was an implication accused with no criminal antecedent, upon furnishing a bond and two sureties.
Petitioner released on bail upon furnishing 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.70622 of 2018
Arising Out of PS. Case No.-160 Year-2018 Thana- SARAI District- Vaishali
======================================================
Kundan Kumar, Son of Sri Nagendra Prasad Sharma, R/o Village- Jai Prakash Nagar, P.S.- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Jha For the Opposite Party/s : Mr. Damodar Prasad Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
3 21-12-2018
Heard learned counsel for the parties.
Petitioner seeks bail in Sarai P.S. Case No. 160/18 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
The informant who is wife of the deceased has alleged that on 21.07.2018 at about 6.30 p.m., she got an information that her husband was shot dead by some unidentified persons. She reached near the place of occurrence where she was informed that three accused persons travelling in a car had given a fire shot upon her husband due to which he died.
It has been submitted on behalf of the petitioner that he has been implicated in this case merely on the basis of suspicion. It has further been submitted that the petitioner is an
Patna High Court Cr.Misc. No.70622 of 2018(3) dt.21-12-2018 2/3
engineer and he was going with Manoj Sharma in the vehicle as he was assured by him to be provided a job as Manoj Sharma was a contractor. Petitioner has no criminal antecedent and he is in custody since 06.08.2018. Similarly placed co-accused, Shiv Das has already been granted bail by a co-ordinate Bench of this Court vide order dated 30.10.2018 passed in Cr. Misc. No.58054 of 2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Sarai P.S. Case No. 160/18 with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.70622 of 2018(3) dt.21-12-2018 3/3
prosecution will be at liberty to move for cancellation of
bail of the petitioner.
(S. Kumar, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving an offence under Sections 302/34 IPC.
1 provisions across 1 enactments
Kundan Kumar
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
