This oral bail order grants release to the petitioner in a murder case under Sections 302/307 IPC, where his complicity relies on a confessional statement. Bail was granted subject to furnishing bonds and sureties.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of similar amount.
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.29273 of 2019
Arising Out of PS. Case No.-145 Year-2017 Thana- KARPI District- Jehanabad
======================================================
Shyam Sharma @ Shyam Babu Son of Late Anil Sharma Resident of Village - Kusre, P.S.- Karpi, District- Arwal
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 17-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 307/34 of the Indian Penal Code. Later on Sections 302 and 120(B) of I.P.C. was added.
Prosecution case, in short, is that on 29.08.2017 in the evening one Jitendra Kumar along with other block officials were doing the work of Block Education Officer. At about 7.10 p.m. he heard sound of blast, then they went towards the P.O. and heard that Block Education Officer is shouting and when he returned back then saw that some blood was oozing from head of Block Education Officer, who was taken to the Hospital for treatment. Later on he died.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.29273 of 2019(3) dt.17-08-2019 2/2
the petitioner is in custody 8.2.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest his implication in this case. There is no eye witness to the alleged occurrence. Other coaccused have been granted bail vide Cr.Misc.No.63541 of 2017, 62103 of 2017 and 63729 of 2017.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Additional District and Sessions Judge 1st , Jehanabad in connection with Sessions Trial No.392 of 2018/ 168 of 2019 arising out of Karpi P.S. case No.145 of 2017.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioner is eligible to be released on bail in a murder case where his involvement is based solely on a co-accused's confessional statement without FIR inclusion or eyewitness testimony.
Whether the circumstances warrant granting bail with sureties.
1 provisions across 1 enactments
Shyam Sharma @ Shyam Babu
THE STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
