This oral order grants bail to the petitioner in a case concerning murder under Sections 302, 120B, and 34 of the IPC. The court noted the petitioner was not in the FIR, had been in custody, and had no criminal record.
The petitioner be released on bail by furnishing a bond of Rs. 10,000 with two 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.55538 of 2019
Arising Out of PS. Case No.-99 Year-2019 Thana- KATEYA District- Gopalganj
======================================================
Adalat Ram Son of Late Moti Ram @ Mati Ram Resident of VillagePanchdevri, P.S.- Kateya, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhramveer For the Opposite Party/s : Mr.Sangeeta Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 06-09-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code.
Prosecution case, in short, is that on 21.03.2019 at 9.30 p.m. in night informant’s son, namely, Vikash Thakur went to bathan for sleeping after taking meal. When her son was going to his bathan, the F.I.R. named accused persons and some unknown were standing and talking and seeing her son they keep mum. After some time the accused persons with lota in their hand went to field and she came inside her house. In the morning she went to bathan, she did not found her son. She started search. In course of search she found the dead body of her son in wheat field of Rajdeo Sharma.
Patna High Court CR. MISC. No.55538 of 2019(2) dt.06-09-2019 2/2
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.05.2019 and has got no criminal antecedent. 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. 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 A.C.J.M. XV, Gopalganj in connection with Kateya P.S. case No.99 of 2019.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the accused petitioner is entitled to bail in a case concerning murder where he is not named in the FIR and has no criminal antecedents.
3 provisions across 1 enactments
Adalat Ram @ Mati Ram
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
