Bail application of a petitioner in a murder case allowed upon furnishing a bond with two sureties under specified conditions regarding local property, court presence, and non-tampering with witnesses.
Bail granted with Rs. 10,000 bond and two sureties upon compliance with specific conditions regarding residence, attendance, and conduct.
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.60764 of 2019
Arising Out of PS. Case No.-2 Year-2018 Thana- SANOKHAR District- Bhagalpur
======================================================
DEBI LAL MURMU @ DEBI RAM MURMU, aged about 50 years, Male, son of S/o Late Lakhan Murmu, R/o village- Jafra, P.S.- Sanokhar, DistrictBhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashutosh Kumar, Adv. For the Opposite Party/s : Mr.Uday Pratap Singh (APP) ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 25-09-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with S.T. No. 538 of 2018, G.R. No. 324 of 2018 arising out of Sanokhar P.S. Case No. 02 of 2018 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
Informant in his written report has stated that on 02.01.2018 at about 4:00 P.M., when Randhir Singh (deceased) along with Vivekanand Singh @ Guddu Singh and Dhiraj Kumar Bharti went to sell the fish at village Jafar then the petitioner along with other co-accused persons caught Randhir Singh. Vivekanand Singh @ Guddu Singh and Dhiraj Kumar
Patna High Court CR. MISC. No.60764 of 2019(2) dt.25-09-2019 2/3
Bharti fled away from there and narrated the whole story to the informant upon which informant along with them reached village Jafar searching his brother where he was informed that Randhir Kumar Singh (deceased) had left the place and thereafter the dead body of Randhir Kumar Singh (deceased) was recovered from the bank of Chonha river near village Jafar.
It has been submitted on behalf of the petitioner that petitioner has earlier moved this Court for bail vide Cr. Misc. No. 38159 of 2018 which was rejected on 23.08.2018. Petitioner is innocent and has been falsely implicated in this case due to village rivalry and suspicion only. Petitioner has no criminal antecedent and is in custody since 05.01.2018.
Considering the aforesaid facts and circumstances of the case, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st -cum-Special Judge, POCSO Act, Bhagalpur, in connection with S.T. No. 538 of 2018, arising out of Sanokhar P.S. Case No. 02 of 2018 with following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
Patna High Court CR. MISC. No.60764 of 2019(2) dt.25-09-2019 3/3
(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
Rajiv/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case with false implication allegations.
1 provisions across 1 enactments
Debi Lal Murmu @ Debi Ram Murmu
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
