This single-paragraph oral order granted regular bail to the petitioner in a murder case involving a familial dispute, noting the deceased's alleged involvement and his son's acquittal in a related trial.
Petitioner directed to be released on bail on furnishing Rs. 10,000 bond with two sureties each.
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.68902 of 2019
Arising Out of PS. Case No.-334 Year-2012 Thana- DHANARUA District- Patna
======================================================
RAMJI PRASAD Son of Satya Narayan Yadav Resident of Village - Bahrampur, P.S.- Dhanarua, Dist.,- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhola Kumar For the Opposite Party/s : Mr.Ajit Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 13-12-2019
Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Dhanarua P.S. Case No. 0334 of 2012 for the offence registered under Sections 302/34 of the Indian Penal Code.
The allegation is regarding the accused persons including the petitioner herein, who happens to be the fatherin-law of the deceased person of having killed the son of the informant.
The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case and a bare perusal of the case dairy would show that the deceased victim person had a quarrel with his father and the father is also absconding since then. It
Patna High Court CR. MISC. No.68902 of 2019(3) dt.13-12-2019 2/2
is further submitted that it appears from the material available in the case diary that the deceased victim has been killed in fact by his father. It is also submitted that the son of the petitioner has already been acquitted in a separate trial conducted by the learned trial court vide judgment dated 06.07.2017 passed by the learned Additional Sessions Judge-X, Patna in Sessions Trial No. 813 of 2016. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 22.07.2019.
The learned A.P.P. for the State does not dispute the aforesaid position as is depicted from a bare perusal of the case dairy.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Masaurahi, District-Patna in connection with Dhanarua P.S. Case No. 334 of 2012.
(Mohit Kumar Shah, J)
S.Sb/-
U T
1 issue framed by the court
Whether to grant regular bail to the petitioner in a case alleging murder under Sections 302/34 IPC given the deceased's potential role and his son's prior acquittal.
1 provisions across 1 enactments
Ramji Prasad
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
