In a criminal matter involving murder under IPC Sections 302 and 201/34, the Patna High Court granted bail to the petitioner suspected as an accomplice in a murder, releasing him upon furnishing a bail bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the 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.7895 of 2018
Arising Out of PS.Case No. -616 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR
====================================================== BUDHAN @ NASIM @ MD.BUDHAN, son of Md. Hakim Mian, resident of Mohalla Manjhaulia, Uttar Masjid Tola, PS Kazi Mohammadpur, District Muzaffarpur
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 08-02-2018
Heard learned Counsel for the petitioner and the State.
Petitioner, already in custody, seeks bail in Muzaffarpur Sadar PS Case No. 616 of 2016 registered under Sections 302 and 201/34 of the IPC.
The allegation in brief is that suspicion is raised against |Sardarji, owner of Janta Diesel Pump where the deceased’s husband was engaged as mechanic of Nosel Pump and it is alleged that there was dues of his salary and this petitioner is also shopkeeper and it is alleged that he had taken loan of 50,000/- rupees from the deceased and due to that money both accused killed him and threw the dead body.
Learned Counsel for the petitioner submits only suspicion is raised against the petitioner, the deceased was not employee of the petitioner’s shop and was financially so poor that it cannot be believed that he could have given loan of fifty thousand rupees to the petitioner. The petitioner is a businessman and has no criminal antecedent.
Having considered the said facts and circumstances, the petitioner, namely, Budhan @ Nasim @ Md. Budhan is directed to
Patna High Court Cr.Misc. No.7895 of 2018 (2) dt.08-02-2018
2
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 CJM Muzaffarpur in connection with Muzaffarpur Sadar PS Case No. 616 of 2016.
(Arun Kumar, J.)
Snkumar/-
U T
1 issue framed by the court
Whether the petitioner, accused in a murder case with only suspicion raised, is entitled to bail.
Budhan @ Nasim @ Md. Budhan
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
