Single judge order granting bail to petitioner in murder case. Court allowed application noting petitioner absent from charge sheet and based on mere suspicion in written report.
Petitioner released on bail bond of Rs. 10,000 with two sureties of equal amount to Addl. Chief Judicial Magistrate.
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.1648 of 2019
Arising Out of PS. Case No.-224 Year-2018 Thana- DARIYAPUR District- Saran
======================================================
Vijay Kumar @ Vijay Rai, S/o Vinod Rai, Resident of Village - Jadua, Police Station - Hajipur Town
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 28-03-2019
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Dariyapur P.S. Case No. 224 of 2018, instituted for the offences under Section 302,201 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner is not named in the written report. In the written report mere suspicion has been raised against this petitioner. It is alleged in the written report that two dead bodies were found in two bags. No one claimed to identify the aforesaid dead bodies. Fardbeyan was given by the chaukidar. The learned Sessions Judge in the impugned order has mentioned that the case has been registered against unknown.
Learned APP for the State after referring paragraphs
Patna High Court CR. MISC. No.1648 of 2019(3) dt.28-03-2019 2/2
of the case diary submits that the witnesses have raised suspicion against this petitioner.
Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate- IV, Saran at Chapra, in connection with Dariyapur P.S. Case No. 224 of 2018. Both the bailors will be close relative of petitioner.
(Sanjay Priya, J)
khushbu/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail given that his name was not included in the FIR and he is not named in the charge sheet
3 provisions across 2 enactments
Vijay Kumar @ Vijay Rai
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
