The single judge granted bail to the petitioner, a school teacher accused of murdering a student, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties paying sufficient guarantees.
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.79295 of 2018
Arising Out of PS. Case No.-154 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran
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Dinesh Kumar Yadav Son of Danilal Prasad Yadav Resident of VillageKodarkat, Police Station- Chhauradano, District - East Champaran at Motihari
... ... Petitioner/s
Versus
The State Of Bihar
| =================== | ... ... ======================== |
Opposite Party/s =========== |
|---|---|---|
| Appearance : For the Petitioner/s : |
Mr. Jai Shanker Prasad | |
| For the Opposite Party/s : =================== |
Mr.Sri Manish Kumar 2 ======================= |
=========== |
| CORAM: HONOURABL | E MR. JUSTICE S. KUMAR ORAL ORDER |
3 15-02-2019
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Muffasil P.S. Case No. 154 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Informant has alleged that his nephew was studying in a private school and was living in hostel and he was informed that one of the teachers brutally assaulted him, as a result of which he died.
It has been submitted on behalf of the petitioner that he is not named in the FIR. His name has surfaced in this case during investigation. Petitioner has no criminal antecedent and
Patna High Court Cr.Misc. No.79295 of 2018(3) dt.15-02-2019 2/2
he is in custody since 14.08.2018.
Considering the aforesaid facts and circumstances of
the case, let the 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 Chief Judicial Magistrate, Motihari, in connection with Muffasil P.S. Case No. 154 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at 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)
veena/-
U T
1 issue framed by the court
Whether the petitioner, in custody for murder, should be released on bail.
Dinesh Kumar Yadav
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
