Oral order granting bail to petitioners in a murder case under IPC Sections 302, 120(B), and 34. Court observed lack of eyewitnesses, circumstantial evidence, and prior criminal antecedents.
Petitioners released on bail by furnishing bonds of Rs. 10,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13152 of 2019
Arising Out of PS. Case No.-420 Year-2018 Thana- MADHAURAH District- Saran
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Aditya Narayan Singh.1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
APP for the State.
The petitioners seek bail in a case registered under Sections 302, 120(B), 34 of the Indian Penal Code.
The prosecution case, in brief, is that deadbody of a lady was found lying on the railway track. Later on, the dead body was detected to be wife of petitioner No. 1.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 05-09-2018 Charge sheet has already been submitted. The name of the
Patna High Court CR. MISC. No.13152 of 2019(3) dt.19-07-2019 2/2
petitioners transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the alleged offence.
On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, 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 Additional Chief Judicial Magistrate-VIII, Saran at Chapra in connection with Marhowrah P.S. Case No. 420 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioners, accused in a murder case, should be granted bail.
Upendra Rai & Anr.
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
