The High Court at Patna allowed the bail application of the petitioner accused of murder. Petitioner claimed it was a case of suspicion arising from a land dispute. The court granted bail on a bond with two close relative sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two close relative sureties.
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.9860 of 2019
Arising Out of PS. Case No.-176 Year-2018 Thana- PIYAR District- Muzaffarpur
======================================================
MD. KURAISH, Son of Late Jainul Haque, Resident of Village - Munni Baingri, P.S. Piar, Distt. Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manindra Kishore Singh, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 19-02-2019 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in Piar (Hatha O.P.) P.S.
Case No. 176 of 2018, instituted for the offence under Section(s) 302/34 of the Indian Penal Code.
Counsel for the petitioner submits that mere suspicion has been raised against the petitioner in the written report. Petitioner is elder brother of the informant. There is land dispute between petitioner and his brother (informant).
It is alleged in the written report that parents of the informant used to reside with him. Petitioner always tried to assault them. It is further alleged that on the date of occurrence, father of the informant had gone to sleep. At midnight, the informant got awake to pass urine and saw the petitioner
Patna High Court Cr.Misc. No.9860 of 2019(2) dt.19-02-2019 2/2
running away. The informant got suspicious. He went to his father and found him seriously injured and dead.
In the written report mere suspicion has been raised against the petitioner by the informant.
Petitioner is in custody since 1.10.2018 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 Miss. Romi Kumari, learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Piar (Hatha O.P.) P.S. Case No. 176 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioner, accused in a murder case arising from a land dispute, is entitled to bail.
1 provisions across 1 enactments
Md. Kuraish
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
