In bail application under Raxaul PS Case No. 238 of 2016 relating to murder, a Patna High Court judge released the petitioner on bail by furnishing bonds and sureties.
Order to release the petitioner on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each to the SDJM Razaul.
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.
Patna High Court Cr.Misc. No.7756 of 2018 (3) dt.28-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7756 of 2018
Arising Out of PS.Case No. -238 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
Versus
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
3 28-03-2018 Heard learned Counsel for the petitioner and the State.
Petitioner, already in custody since 30.8.2017, seeks bail in Raxaul PS Case No. 238 of 2016 registered under Sections 328, 307 and 302 of the IPC.
The allegation in brief is that while son of the informant was passing through house of the petitioner, he called him, offered some eatable mixing poison as a result of which he died and he also disclosed that he was poisoned by the petitioner.
Learned Counsel for the petitioner submits that except raising suspicion there is no material against the petitioner as no any witnesses have stated that they have heard the informant’s son telling that he was poisoned by the petitioner, the petitioner has/had no motive for killing the deceased, he is in custody since 30.8.2017 and besides that he has no criminal antecedent.
Having considered the said facts and circumstances, the petitioner, namely, Chandan Singh @ Chandan Kr. Singh is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM Razaul at Motihari in connection with Raxaul PS Case No. 238 of 2016.
Snkumar/-
(Arun Kumar, J)
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case under Sections 302, 307 and 328 IPC while in custody since 2017.
Chandan Singh @ Chandan Kr. Singh
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
