The Patna High Court granted bail to the petitioner charged with murder and attempt to cause death under IPC Sections 302 and 201/34, orderable after framing of charges with surety conditions.
Release on bail after framing of charges by furnishing a bond of Rs. 20,000 with two sureties of the 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.10382 of 2019
Arising Out of PS. Case No.-373 Year-2017 Thana- MUFFASIL District- West Champaran
======================================================
Md.Shahrukh @ Dablu Mian @ Shahrukh Son of Ali Ahmad @ Ali Ahmad Khan Resident of Mohalla-Baswaria Beech Mohalla ward no.28, P.S- Bettiah District-West Champaran at Bettiah
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 06-05-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
The petitioner and co-accused Zahid Ezaj took the deceased from his house and thereafter, only dead body of the victim i.e. son of the informant was found. The petitioner and co-accused Zahid Ezaj were arrested by the police and they confessed their guilt before the police.
Submission is that co-accused Zahid Ezaj has been allowed bail by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 19365 of 2018. Petitioner has got no
Patna High Court CR. MISC. No.10382 of 2019(4) dt.06-05-2019 2/2
criminal antecedent and he is in custody since 15.10.2018.
Considering the aforesaid fact, let the petitioner, above named, be released on bail after framing of charges on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bettiah Muffasil P.S. Case No. 373 of 2017, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property.
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Banti/Rajan
1 issue framed by the court
Whether the petitioner should be released on bail pending trial given that a co-accused was granted bail earlier.
1 provisions across 1 enactments
Md.Shahrukh @ Dablu Mian @ Shahrukh
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
