The High Court of Patna granted bail to Jai Prakash in a murder case. The petitioner was in custody since May 10, 2019. The trial court found him implicating a co-accused, Sonu Kumar, who allegedly killed the informant's son using a dagger.
Released on bail on furnishing bonds of Rs. 10,000 with two sureties of like 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.51487 of 2019
Arising Out of PS. Case No.-175 Year-2019 Thana- LAHERIYASARAI District- Darbhanga
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JAI PRAKASH @ MALLU, aged about 25 years (M), Son of Amarjeet Sah @ Amrit Sah, Resident of Village - Allal Patti, P.S.- Laheriasarai (Benta O.P.), District – Darbhanga.
Versus
| The State of Bihar =============== |
==== | ... ... ========================= |
Opposite Party ========== |
|---|---|---|---|
| Appearance : | |||
| For the Petitioner | : | Mr.Umesh Kumar, Advocate. | |
| For the State | : | Mrs. Dr. Indiwar Kumari, A.P.P. | |
| For the Informant =============== |
: ==== |
Mr. Kedar Jha, Advocate. ========================= |
========== |
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 21-08-2019
Heard learned counsels for the petitioner, informant
The petitioner is languishing in custody since 10.05.2019 in a case for the offence registered under Sections
The prosecution story, in brief, is that on 07.05.2019 at about 8.20 P.M. in the night, the son of informant, namely, Danish, had gone to the house of accused Sonu Kumar in order to collect dues money where all F.I.R. named accused persons and some unknown persons hatching conspiracy caught hold his son and Sonu Kumar assaulted his son by dagger and got him badly injured. The injured was taken to hospital for treatment and prior to treatment, his son was declared to be dead.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.51487 of 2019(2) dt.21-08-2019 2/2
petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of restatement of the informant. The main allegation of assault is alleged against coaccused Sonu Kumar. No allegation of assault is alleged against this petitioner.
On behalf of the learned counsels for the State and the informant, it has been 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 the learned C.J.M. Darbhanga, in connection with Laheriasarai (Benta O.P.) P.S. Case No. 175 of 2019.
(Sudhir Singh, J)
U.K./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in the alleged murder case.
Jai Prakash @ Mally
State of Bihar
Danish (Son of Informant)
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
