This is an oral bail order in a murder and other offending case. The court granted bail to the petitioner after finding no substantive evidence implicating him, as he was only included during investigation despite not being named in the FIR.
Released on bail with bonds of Rs.10,000 and two sureties of like amount.
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.8500 of 2019
Arising Out of PS. Case No.-242 Year-2017 Thana- PHULPARAS District- Madhubani
======================================================
RAM TAHAL YADAV Son of Nageshwar Yadav R/o village- Karhari, P.SLaukahi, District-Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Mr.Pancha Nand Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 26-04-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 448, 147, 148, 149, 302, 307, 120(B) of the Indian Penal Code and 27 of the Arms Act.
The prosecution case in brief is that the accused persons variously armed entered the Angan of the informant and fired upon the nephew of the informant, as a result of which, informant’s nephew sustained fire arms injury and died in the way proceeding to his treatment.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 15-09-2018. Charge sheet has already been submitted. The petitioner is not
Patna High Court CR. MISC. No.8500 of 2019(3) dt.26-04-2019 2/2
named in the FIR. As per the FIR, Pramod Yadav is said to be assailant who fired upon the deceased. The name of the petitioner has come in course of investigation. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The other coaccused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 03-05-2018 passed in Cr. Misc. No. 17487 of 2018.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 Additional Sessions Judge, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 242 of 2017.
(Sudhir Singh, J)
A.K.V.//-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a murder case where he is not named in the FIR and there is no allegation of witness tampering.
Whether the lack of substantive evidence implicating the petitioner in the offense warrants his release on bail.
Ram Tahal Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
