High Court granted bail to petitioner in a murder and attempt to murder case by directing release upon furnishing bond with two sureties, noting no criminal antecedents and reliance on independent witnesses.
Petitioner directed to be released on bail by furnishing bonds of Rs. 10,000 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.23091 of 2019
Arising Out of PS. Case No.-152 Year-2018 Thana- CHANDAUTI District- Gaya
======================================================
Md. Munna @ Motu Son of Md. Miyan @ Ali Ansari @ Md. Ali Ansari Resident of Mohalla - Katari Hill, Aliganj, Faiz Colony, P.S.- Chandauti, Distt - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No. 2. For the State : Mr. Choubey, APP For the informant : Mr. Shambhu Nath, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 22-08-2019
Heard learned counsel for the petitioner, O.P. No. 2
and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 323, 307, 302 and 506 of the Indian Penal Code.
The prosecution case in brief is that son of the informant was taken away by the accused persons from his house and was beaten away badly, as a result of which, he sustained grievous injury and declared dead in the hospital.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 15-02-2019. Charge sheet has
Patna High Court CR. MISC. No.23091 of 2019(6) dt.22-08-2019 2/2
already been submitted. As per FIR, it is a case of last seen. The independent witnesses in paragraphs 66 & 67 of the case diary have stated that in the night, thieves had come who were assaulted by the local residents, in which, one of the persons died and the other got injured. The other co-accused with similar allegation have been granted bail by this court and coordionate benches of this court vide orders dated 01-07-2019, 01-04-2019, 29-10-2018, and 16-01-2019 passed in Cr. Misc. Nos. 38754 of 2019, 6392 of 2019, 58651 of 2018, and 2192 of 2019.
On behalf of the State and O.P. No. 2, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
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 learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 152 of 2018.
A.K.V.//-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner is eligible for bail in a non-bailable offence involving grievous hurt and attempt to murder.
Colour shows how this judgement treated each authority
Cr. Misc. Nos. 38754 of 2019, 6392 of 2019, 58651 of 2018, and 2192 of 2019Referred¶17
1 provisions across 1 enactments
Md. Munna @ Motu
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
