Single judge of Patna High Court granted anticipatory bail to Harendra Yadav in a murder case, conditional upon cooperation with investigation and residence requirements.
Release on anticipatory bail with a bond of Rs. 20,000 secured by two sureties, conditioned on cooperation and residence.
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.1862 of 2020
Arising Out of PS. Case No.-42 Year-2019 Thana- MURAR District- Buxar
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HARENDRA YADAV, Son of Ramji Yadav, Resident of Village - Ahara Dera, Changain, P.S. - Murar, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhilesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 15-06-2020 The matter has been taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 279 and 304(A) of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code has been added.
According to FIR, the informant got information that his brother Munna Thakur has met with an accident caused by some unknown vehicle and was lying by the side of the road. The FIR was lodged against unknown. During investigation, it was found that this was a case of murder by causing firearm injury. Only remote material is there raising suspicion against different person including the petitioner.
Patna High Court CR. MISC. No.1862 of 2020(3) dt.15-06-2020 2/2
Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Murar Police Station Case No. 42 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:-
(a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The petitioner shall not leave the country without permission of the trial court.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offences under Sections 279, 304(A), and 302 of the Indian Penal Code.
1 provisions across 1 enactments
Harendra Yadav
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
