Bail application in a murder case under Sections 302/34 IPC. The High Court granted bail to the petitioners who were not named in the FIR and lacked direct eyewitness or circumstantial evidence against them.
Order released on bail on furnishing bail bonds of Rs.10,000/- each with two 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.5812 of 2019
Arising Out of PS. Case No.-52 Year-2018 Thana- MANJHI District- Saran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
| =============== Appearance : For the Petitioner/s For the State =============== |
======================================= : Mr. Dewendra Narayan Singh : Mr.Ajay Kumar-2 APP ======================================= |
|---|---|
| CORAM: HONOU | RABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER |
3 23-04-2019 Heard learned counsel for the petitioners and learned APP
for the State.
The petitioners seek bail in a case registered under Sections 302/34 of the Indian Penal Code.
The prosecution case, in brief, is that the informant’s husband who used to sleep in his shop, was killed by accused persons.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 29-09-2018. Charge sheet has already been submitted. The petitioners are not
Patna High Court CR. MISC. No.5812 of 2019(3) dt.23-04-2019 2/2
named in the FIR. Their names transpired in this case on the basis of confessional statement of co-accused. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the present case.
On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra in connection with Manjhi P.S. Case No. 52 of 2018.
A.K.V.//-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioners are entitled to bail in a murder case where they are not named in the FIR but implicated via co-accused confession.
1 provisions across 1 enactments
Rohit Kumar Singh @ Bholu Singh
Pranay Kumar Singh @ Nautanki Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
