Oral order in bail petition regarding offences under Secs 302/201 IPC. Court released petitioner on bail subject to furnishing bond with sureties and compliance with trial conditions.
Petitioner released on bail on furnishing bond of Rs.20,000 with two sureties of the like amount each.
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.19354 of 2019
Arising Out of PS. Case No.-657 Year-2018 Thana- KAHALGAON District- Bhagalpur
======================================================
Raju Choudhary @ Rajendra Choudhary Son of Late Kailu Choudhary @ Late Kalu Choudhary Resident of Village-Laugain, P.S- Shivnarayanpur, Dist.-Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shiwesh Chandra Mishra For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 03-06-2019
The petitioner is languishing in custody for the offences punishable under Sections 302/201 of the Indian Penal Code.
The brother of the informant had left the house along with co-accused Pankaj Chaudhary. Thereafter, his dead body was noticed and FIR was lodged against Pankaj Chaudhary only. Petitioner’s name surfaced in the confessional statement of co-accused Pankaj Chaudhary.
Submission is that confession before the police by the co-accused is no evidence against the petitioner. Besides this no other material is against the petitioner. Investigation of the case
Patna High Court CR. MISC. No.19354 of 2019(4) dt.03-06-2019 2/2
is already complete.
Considering the aforesaid fact, let the petitioner, above named, be released on bail 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 Kahalgaon (Shivnarayanpur) P.S. Case No.657 of 2018, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
1 issue framed by the court
Whether bail should be granted to the petitioner for offences punishable under Sections 302/201 of the Indian Penal Code.
1 provisions across 1 enactments
Raju Choudhary @ Rajendra Choudhary
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
