The Patna High Court granted bail to the petitioner in a case involving murder and arms offenses, noting he was not named in the FIR and was in custody only on suspicion.
The petitioner is released on bail on furnishing a bond of Rs.10,000 with two close relatives as sureties.
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.37354 of 2019
Arising Out of PS. Case No.-48 Year-2015 Thana- DHOLBAJJA District- Bhagalpur
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PANKAJ MUNI @ PANKAJ PANDIT Son of Wokil Muni @ Wokil Pandit Resident of Village- Chirouri, P.S.- Chausa, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 20-06-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Dholbajja (Kadwa) P.S.
Case No. 48 of 2015, instituted for the offence under Section(s) 302, 120-B/34 of the Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioner submits that petitioner is not named in the written report. During investigation his name has come merely on suspicion. The petitioner has been remanded in the instant case on 11.2.2019 from Chousa P.S. Case No. 269 of 2018.
It is alleged in the written report that at about 2:00 a.m. in the night the informant was sleeping in her house. In the meantime she heard sound of firing. She woke up and opened Farki (made of Bamboo) and saw Karelal Mandal, Subodh Mishra, Ravi Mishra, Amod Bhagat, Binod Bhagat @ Binod Jaswal who had covered their faces were brutally assaulting her husband namely
Patna High Court CR. MISC. No.37354 of 2019(2) dt.20-06-2019 2/2
Kesho Sharma. They also fired three rounds firing upon her husband and fled away towards the road of market side. It is further alleged that adjacent to the house of informant there is house of Manesh Lal Sharma @ Manikant Sharma. Son of Manesh Lal Sharma had also heard sound of firing. It is alleged that on account of land dispute, the occurrence has been committed by the miscreants.
In this manner, petitioner is not named in the written report. He has been made accused merely on suspicion.
Petitioner is in custody since 11.2.2019.
Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri D.K. Yadav, learned Judicial Magistrate, 1st Class, Naugachia, Bhagalpur, in connection with Dholbajja (Kadwa) P.S. Case No. 48 of 2015, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J)
S.Ali/- U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is not named in the written report but is in custody based on suspicion.
PANKAJ MUNI @ PANKAJ PANDIT
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
