In bail application arising from murder case, court allowed release of petitioner on bail bonds with two sureties after finding no substantial evidence implicating him and he was not named in FIR.
Release on bail by furnishing bond of Rs.10,000/- with two sureties of like amount each to CJM, Sitamarhi.
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.21805 of 2019
Arising Out of PS. Case No.-373 Year-2018 Thana- SITAMARHI District- Sitamarhi
======================================================
Rajesh Paswan @ Rajeshwar Paswan Son of Keshwar Paswan, Resident of Village-Girimishani, P.S.-Sitamarhi, District-Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Thakur Mr. Udbhav For the informant : Mr. P.K. Sahi. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 16-08-2019
Heard learned counsel for the petitioner and learned APP
for the State.
The petitioner seeks bail in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code.
The prosecution case in brief is that one Bharat Prasad and his wife were murdered by some unknown persons and they were found lying dead in their house.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-01-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner
Patna High Court CR. MISC. No.21805 of 2019(6) dt.16-08-2019 2/2
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 petitioner in the present case.
On behalf of the State and the informant, it is submitted that the petitioner is not named in the Complaint Case/F.I.R. His name surfaced in the confessional statement of co-accused.
Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 373 of 2018.
(Sudhir Singh, J)
A.K.V.//-
1 issue framed by the court
Whether the petitioner is entitled to bail in murder case during trial.
1 provisions across 1 enactments
RAJESH PASWAN
THE STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
