In an oral order, the Patna High Court granted bail to the petitioner in a murder case under Section 302 IPC, noting his absence from the FIR and lack of eye-witnesses.
Release of the petitioner on bail upon furnishing bail 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.29538 of 2019
Arising Out of PS. Case No.-356 Year-2018 Thana- BRAHMPUR District- Buxar
======================================================
Megh Nath Ram Son of Late Baban Ram @ @ Late Vavan Ram Resident of Village - Nirajpur, P.S.- Bihiya, District - Bhojpur, Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Bhushan Singh For the Opposite Party/s : Mr.Rabindra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 27-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Section 302 of the Indian Penal Code and 27 of the Arms Act.
Allegation is that on 20.07.2018 in the night the husband of the informant has been killed in the house of Balendra Shekhar Pathak.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.08.2018. 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.
Patna High Court CR. MISC. No.29538 of 2019(4) dt.27-08-2019 2/2
There is no eye witness to the alleged occurrence.
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 Judge-3, Buxar in connection with Brahampur (K.B.) P.S. case No.356 of 2018.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case where he is not named in the FIR but is a co-accused in the charge sheet.
2 provisions across 2 enactments
Megh Nath Ram Son of Late Baban Ram @ @ Late Vavan Ram
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
