Criminal Miscellaneous petition for bail under Section 302 IPC. Court allowed release of petitioners already in custody on bail upon furnishing bonds and sureties, noting lack of specific allegations against them compared to co-accused.
Released on bail by furnishing bonds of Rs. 10,000/- each with two sureties.
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.8605 of 2018
Arising Out of PS. Case No.-727 Year-2017 Thana- BANKA District- Banka
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shree Niwas Singh, Advocate For the Opposite Party/s : Mr. Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
4 17-04-2018
Heard learned counsel for the petitioners, learned counsel for the informant as well as learned A.P.P. for the State.
The petitioners, already in custody, seeks bail in connection with Banka P. S .Case No. 727 of 2017, G.R. No. 3558 of 2011, registered under Sections 302/34 of the Indian Penal Code.
The allegation in brief is that due to land dispute, a quarrel took place and the three accused persons namely, Raghu Das, including Kishan Das and Suran Das ( petitioners) strangulated the father of the informant and also assaulted by means of lathi, causing death.
Learned counsel for the petitioners submits that there is land dispute between both sides and all family members of
Patna High Court Cr.Misc. No.8605 of 2018(4) dt.17-04-2018 2/2
the petitioners have been implicated in this case but there is no specific allegation against these two petitioners and the allegation of strangulation is only against Raghu Das. It is also submitted that the petitioners have no criminal antecedents and they are in jail custody since 01.11.2017.
Having considered the aforesaid facts and circumstances, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- ( Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S.Case No. 727 of 2017.
(Arun Kumar, J)
sudha/-
U T
3 issues framed by the court
Whether the petitioners should be released on bail in a murder case involving collective family dispute.
Whether there are specific allegations against the petitioners warranting their detention.
Whether the absence of criminal antecedents is a ground for granting bail.
1 provisions across 1 enactments
Suran Das @ Suran Harijan
Kishan Das
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
