The High Court granted anticipatory bail to a 70-year-old petitioner falsely implicated in a murder case involving arson, noting lack of complicity evidence or incriminating articles, subject to conditions under Section 438(2) Cr.P.C.
Release on bail within six weeks by furnishing a bond 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.57776 of 2019
Arising Out of PS. Case No.-347 Year-2016 Thana- PHULPARAS District- Madhubani
======================================================
YUGAL SHARMA @YUGAL KISHORE SHARMA Son of Ganai Resident of Village - Gidarganj, P.S.- Andharamath, Distt - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Manish Kumar No 13 For the Opposite Party/s : Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
the learned A.P.P. for the State.
The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 302,201/34 of the Indian Penal Code.
Son and daughter-in-law of the deceased Kamal Tatiya is said to have eliminated the deceased and torched his dead body by pouring kerosene oil in association of his relatives including the petitioner.
It is submitted by learned counsel for the petitioner that petitioner happens to be brother -inlaw of the wife of the son of the deceased. He has no concern with the aforesaid occurrence. There is no legal
Patna High Court CR. MISC. No.57776 of 2019(5) dt.19-11-2019 2/2
evidence regarding complicity of the petitioner. There is no eyewitness of the occurrence. He has been falsely implicated in this case merely on suspicion. No incriminating article has been recovered from the possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is aged about 70 years and has no criminal antecedent.
Learned APP for the State opposed the bail
petition.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Jhanjharpur (Madhubani) in connection with Phulparas P.S. Case No. 347 of 2016, G.R. No.1841 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J)
amit/- U T
1 issue framed by the court
Whether the petitioner who apprehends arrest in a murder case accused of being a relative with no complicity evidence should be released on bail.
1 provisions across 1 enactments
YUGAL SHARMA @YUGAL KISHORE SHARMA
The State of Bihar
PRAKASH CHANDRA JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
