Single judge granted bail to a petitioner accused of murder under IPC Sections 302/34 and Arms Act Section 27, fixing a bail bond amount and imposing conditions to ensure presence in court.
Release on bail with bond of Rs. 10,000 and two sureties of similar amount subject to specific conditions regarding court 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.68668 of 2018
Arising Out of PS. Case No.-54 Year-2014 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Raju Kumar @ Raj Kumar @ Raju Ray, Son of Julum Ray @ Krishana Ray, resident of Village- Dighi Kala, Paschmi, P.S.- Hajipur Sadar, DistrictVaishali.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
5 14-02-2019
Heard learned counsel for the petitioner and
learned counsel for the State.
Petitioner is accused in connection with Sessions Trial No. 436 of 2018 arising out of Hajipur Sadar P.S. Case No. 54 of 2014 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner is in custody since 20.03.2018 having clean antecedent. He has been arrested merely on suspicion. There is no eye-witness of the said occurrence. The prayer for bail of the petitioner was earlier rejected by co-ordinate Bench of this Court by order dated 29.06.2018 passed in Cr.
Patna High Court Cr.Misc. No.68668 of 2018(5) dt.14-02-2019 2/3
Misc. No. 31736 of 2018.
A report regarding the status of the present case has been called for. From perusal of the status report, it appears that charge has been framed in this case on 07.09.2018. The case is pending for evidence. The Court below has mentioned in report that nine months time is likely to be consumed for conclusion of trial.
There is no specific allegation against this petitioner in the written report. The other co-accused Vikash Kumar has already been granted bail by coordinate Bench of this Court vide order dated 09.02.2016 passed in Cr. Misc. No. 51394 of 2015.
Having considered the facts and circumstances of
the case, let the above named petitioner be released on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 54 of 2014, corresponding Sessions Trial No. 436 of 2018 with further conditions (1) bailors should be close relative of the petitioner, (2) petitioner shall cooperate in the trial and shall be present on
Patna High Court Cr.Misc. No.68668 of 2018(5) dt.14-02-2019 3/3
each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancellation of his bail bond and (3) if petitioner tamper with the evidence or intimidate the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.
(Sanjay Priya, J)
khushbu/-
U T
1 issue framed by the court
Whether the petitioner accused in a session trial for murder under IPC Sections 302/34 and Arms Act Section 27 should be released on bail.
Raju Kumar
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
