The Patna High Court granted bail to the petitioner in a murder case, holding that while the last-seen evidence was strong, the alleged specific overt acts were not firmly established in the written report.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two close relative sureties of the 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.556 of 2019
Arising Out of PS. Case No.-121 Year-2018 Thana- BAUNSI District- Banka *
======================================================
Gaurav Yadav @ Gaurav Kumar Yadav @ Abhinav Kumar Son of Mahesh Yadav @ Mahesh Prasad Mandal Resident of Village- Babhangama, Police Station - Bounsi, Disrict- Banka.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Thakur For the Opposite Party/s : Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 12-03-2019 Heard learned counsel for the petitioner and the
learned counsel for the informant as well as the State.
The petitioner seeks bail in Bounsi P.S. Case No. 121 of 2018, instituted for the offences under Sections 302, 506, 34 of the Indian Penal Code.
It is alleged that this petitioner took the son of the informant with him and he did not return.
Learned counsel for the petitioner has submitted that petitioner is not named in the written report. The witnesses in paragraph 3,4,8,9 and 10 have not alleged any overt act against this petitioner. The mother of the deceased has stated that some unknown person committed murder of her son. The postmortem report is available in the case diary, where cause of
Patna High Court CR. MISC. No.556 of 2019(3) dt.12-03-2019 2/2
death has been shown shock and hamourrage.
Learned counsel for the informant has opposed the prayer for bail. He has submitted that in paragraph 46-50 of the case diary witnesses have stated that this petitioner was taking the son of the informant. In the post-mortem report doctor has found cause of death due to hemorrhage and shock and injuries have been found on the shoulder and right parietal region of leg.
From perusal of the written report as well as in the statement of witnesses as recorded in paragraph 46-50 of the case diary, it appears that there is allegation of specific overt act against this petitioner. The allegation against the petitioner utmost is of last seen of the occurrence.
Considering the aforesaid fact and circumstances, 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 the learned Chief Judicial Magistrate, Banka, in connection with Bounsi P.S. Case No. 121 of 2018. Both the bailors will be close relative of petitioner.
(Sanjay Priya, J)
khushbu/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail given the allegations of taking the deceased away and the nature of injuries found.
Whether the petitioner is named in the written report and specific overt acts are alleged against him.
Gaurav Yadav @ Gaurav Kumar Yadav @ Abhinav Kumar
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
