Court directed petitioners to surrender within six weeks for provisional bail in murder and cheating case. Bail subject to investigation cooperation and regular bail post charge-sheet.
Petitioner to surrender within six weeks for provisional bail, to apply for regular bail after charge-sheet submission.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1341 of 2019
Arising Out of PS. Case No.-486 Year-2018 Thana- MOTIHARI TOWN District- East Champaran
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All residents of village Singhiya Hiban, P.S. Banjariya District East Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Sri Anuj Kumar Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 20-02-2019 Heard the parties.
The petitioners are apprehending their arrest in connection with Motihari Town P.S.Case No.486 of 2018 registered for offences punishable under Sections 420, 467, 468, 471, 409, 120B, 34, 302 & 201 of the Indian Penal Code.
Allegation as per FIR is that forcibly a sale-deed was executed in favour of the petitioner no.1 by the accused persons and further allegation is that they killed the father-in-law of the informant.
Submission of the learned counsel for the petitioner is
Patna High Court Cr.Misc. No.1341 of 2019(4) dt.20-02-2019 2/2
that the sale-deed was executed in favour of the petitioner no.1 and other petitioners are witnesses and identifier of the saledeed and so far allegation of murder is concerned, as a matter of fact the father -in-law of the informant died due to illness.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners surrender before the learned court below within a period of six weeks from the date of order and on surrender they will be released on provisional bail in connection with Motihari Town P.S.Case No.486 of 2018 till submission of the charge-sheet on condition that they will co-operate to the in police in investigation of the case, however, once the charge- sheet has been submitted against the petitioner, they will surrender and make prayer for regular bail which will be considered on the basis of materials available on the record at that time.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J)
chn/- U T
3 issues framed by the court
Whether petitioner should be granted provisional bail pending surrender and investigation in murder and cheating case.
Whether surrender condition can be imposed linking provisional bail to charge-sheet submission.
Whether court should direct surrender within specified time frame for provisional bail.
1 provisions across 1 enactments
Sunita Devi
Sugriv Sah
Rambabu Kumar
Lalita Devi
Md. Khurshid Alam
Sheikh Wazul Haque
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
