High Court granted regular bail to a petitioner in a murder case (IPC Sections 302/201/34 IPC) for furnishing a bond with sureties, noting prior bail grants to other accused.
Released on bail on bond of Rs. 25,000 with two sureties and condition of local surety.
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.19731 of 2019
Arising Out of PS. Case No.-71 Year-2017 Thana- SIMRI District- Darbhanga
======================================================
Md. Chand Darzi, Son of Mustaque Darzi @ Mustak, Resident of Village - Devgan, P.s.- Katra, Distt. Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Opposite Party/s : Mr.Rajeev Nayan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 23-05-2019
Petitioner seeks regular bail in connection with Simri P.S. Case No.71 of 2017 registered for the offences punishable under Sections 302, 201/34 of IPC.
Prosecution story is that the brother of the informant has gone to railway station with his Bolero but he did not return, later on, his dead body was found.
Submission of the learned counsel for the petitioner is that the F.I.R. was lodged against unknown, later on, on confession of the co-accused Mohd. Bilal, the petitioner was named and Mohd. Jahangir @ Shaka was also named and they have been granted bail by the Co-ordinate Benches of this Court vide order dated 21.08.2018 passed in Criminal Misc. No. 45129 of 2018 and order dated 03.12.2018 passed in Criminal Misc. No.71244 of 2018. Further submission is that petitioner is
Patna High Court CR. MISC. No.19731 of 2019(4) dt.23-05-2019 2/2
in custody since 20.11.2018.
Heard learned A.P.P. also.
Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Simri P.S. Case No.71 of 2017, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J)
sunil/-
U T
1 issue framed by the court
Whether petitioner qualifies for release on bail in murder case pending appeal against earlier grant of bail.
Md. Chand Darzi
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
