High Court ordered the release of the petitioner on bail in a murder case (IPC 302) conditional upon deposit of Rs. One lakh in the lower court, alongside furnishing bail bonds.
Release on bail subject to deposit of ₹1,00,000 in the lower court and furnishing bonds of ₹10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.633 of 2019
Arising Out of PS. Case No.-266 Year-2018 Thana- ATRI District- Gaya
======================================================
Sanjeet Kumar Son of Ramnandan Paswan @ Ramanand Paswan Resident of Village- Nrawat, Police station- Atri, District- Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate, Mr. Syed Asgher Najmi For the Opposite Party/s : Mr.Sri Anish Chandra For the informant : Mr. Shailesh Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 01-05-2019 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
The petitioner seeks bail in a case instituted for the offences under Sections 304/34 of the Indian Penal Code in which Section 302 IPC was added later on.
The prosecution case in short is that the accused person, on the pretext of calling doctor from outside, himself operated the sister of the informant due to which she died in the hospital.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.8.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner is
Patna High Court CR. MISC. No.633 of 2019(6) dt.01-05-2019 2/2
made accused due to mistake of fact. There is no substantive evidence to suggest his implication in the present case. It is further submitted that the petitioner is ready to deposit a sum of Rs. One lakh in the court below which will be subject to the final disposal of the case. The petitioner further undertakes that he will cooperate during the trial.
On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. One lakh in the Court below which will be subject to final disposal of the cas e, it is directed that 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 Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No. 266/2018.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail pending trial in a murder case.
Sanjeet Kumar
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
