Allowed

Guddu @ Guddu Pawari v. The State Of Bihar

Patna HC25 Jan 2019CR. MISC./68603/2018

Case brief

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What is this about?

In a bail application by a petitioner in custody for murder under IPC Section 302, the High Court granted bail noting that while the informant suspected another individual and the petitioner named the offence only in a confessional statement on remand, no eyewitness evidence existed against him. An order was passed to be released on bail with bond. Nothing.

What did the court decide?

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Buxar.

Guddu @ Guddu Pawari Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.68603 of 2018

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Arising Out of PS. Case No.-356 Year-2018 Thana- BRAHMPUR District- Buxar

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======================================================

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Guddu @ Guddu Pawari S/o Ali Mian @ Ali Pawari @ Ali Khan Resident of Village-Bagen,P.S. BagenGola,Distt.-Buxar

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Singh For the Opposite Party/s : Mr.Sri S. Ehteshamuddin ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 25-01-2019

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Heard learned counsel for the petitioner and learned

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counsel appearing on behalf of the State.

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The petitioner is in custody in connection with Brahampur (Krishna Brahm), P.S. Case No. 356 of 2018, registered for the offence punishable under Section 302 of the I.P.C and Section 27 of the Arms Act.

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Learned counsel for the petitioner submits that informant has suspected one Balandu Shekhar in commission of murder of her husband. He further submits that the name of the petitioner surfaced subsequently on his confessional statement when he was taken on remand. He further submits that petitioner is in custody since 14.8.2018.

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Considering the fact that informant has suspected the involvement of Balandu Shekhar in commission of murder of

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Patna High Court Cr.Misc. No.68603 of 2018(3) dt.25-01-2019 2/2

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her husband, except confessional statement there is no other material. There is no eye witness of the occurrence and even petitioner was not suspected by the informant, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Kirshna Brahm) P.S. Case No. 356 of 2018.

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(Anil Kumar Upadhyay, J)

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T.Kr./- U T

Guddu @ Guddu Pawari v. The State Of Bihar

Case brief

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Guddu @ Guddu Pawari v. The State Of Bihar

Case brief

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What did the court decide?

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