The bail application under Section 306 Cr.P.C. was heard by the Patna High Court. The court granted regular bail to the petitioner charged with murder and intentional injury, considering the grant of bail to a similarly situated co-accused.
Regular bail granted on furnishing a bond of Rs. 20,000 with two 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.24157 of 2020
Arising Out of PS. Case No.-214 Year-2015 Thana- KHARHAGPUR District- Munger
======================================================
Anil Kora Son of Jago Kora, aged about 35 years, Gender - Male Resident of Village - Kalisthan (Baramasiya), P.S.- Dharahara, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Raj Kishore Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
5 08-12-2020
Heard Mr. Kumar Kamal Nayan, learned counsel for
the petitioner and Mr. Raj Kishore Singh, learned counsel appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with G.R. No. 1621 of 2015 ( arising out of Kharagpur P.S. Case No. 214 of 2015 ) registered for the offence under Section 302, 201, 34 of the I.P.C.
The allegation as per the First Information Report is that while the informant along with his father had taken their buffaloes to the field for grazing, the petitioner along with other accused persons having ‘lathi’ and axe in their hands assaulted the father of the informant due to which he fell down then Munna Kora and Pappu Kora caused injury to his father through axe repeatedly and after the father of the informant died
Patna High Court CR. MISC. No.24157 of 2020(5) dt.08-12-2020 2/3
the accused persons threw the dead body in Kirdi river.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and there is no specific allegation of assault against the petitioner. Learned counsel further submits that the specific allegation of assault upon the father of the informant by means of axe is upon the co-accused / Munna Kora and Pappu Kora. Learned counsel further submits that similarly situated coaccused person namely, Ajay Kora has been granted bail by this court in Cr. Misc. No. 13805 of 2020. Learned counsel next submits that the petitioner is in custody since 22.02.2020.
On the other hand, learned counsel for the State referring to the case diary submits that dead body of the deceased was found and there were four injuries on the body of the deceased.
Having regard to the submission made by the parties and taking into consideration the materials available on record and the fact that similarly situated co-accused has been granted bail by this court in Cr. Misc. No. 13805 of 2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/-
Patna High Court CR. MISC. No.24157 of 2020(5) dt.08-12-2020 3/3
(twenty thousand) with two sureties of the like amount each to the satisfaction of Sri Gorakh Nath Dubey, A.C.J.M. - IV, Munger / court concerned in connection with G.R. No. 1621 of 2015 ( arising out of Kharagpur P.S. Case No. 214 of 2015 ) on the following condition:-
(i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
It is made clear that at the time of furnishing bail bond
all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
praful/-
2 issues framed by the court
Whether regular bail should be granted to the petitioner charged with culpable homicide not amounting to murder and intentional injury.
Whether the petitioner should be released on bail after the grant of bail to a similarly situated co-accused.
Colour shows how this judgement treated each authority
Cr. Misc. No. 13805 of 2020Referred¶18
Anil Kora
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
