This is an oral order granting bail to two petitioners involved in a murder case under IPC Sections 147, 148, 149, 302 and Arms Act Section 27. The High Court ordered their release on furnishing bail bonds after the charge had been framed.
Release of petitioners on bail upon furnishing bonds of Rs. 25,000 each with two sureties of similar 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.24487 of 2020
Arising Out of PS. Case No.-14 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai
======================================================
RAJ KISHORE MAHTO, Son of Ravi Mahto, R/o- vill - Malkuwa, P.S.Bakhari, Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 24572 of 2020
Arising Out of PS. Case No.-14 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai
====================================================== GHOLAT MAHTO @ AMNISH MAHTO, Son of Late Gheto Mahto Resident of Village - Samsa, P.S.- Nawkothi, Dist.- Begusarai
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 24487 of 2020) For the Petitioner/s : Mr.Shubhesh Pandey For the State : Mr.Tarun Pd. Mandal For the Informant : Mr. Pretish Kr. Lal (In CRIMINAL MISCELLANEOUS No. 24572 of 2020) For the Petitioner/s : Mr.Shubhesh Pandey For the State : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State through virtual court proceedings.
The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 302 and
Patna High Court CR. MISC. No.24487 of 2020(4) dt.01-12-2020 2/3
120(B) of the Indian Penal Code and 27 of the Arms Act.
Allegation against the petitioners including the other accused persons is of killing the victim by shot firing.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is no specific overact against the petitioners. There is general and omnibus allegation against the petitioners. The petitioners are in custody since 04.02.2020, The petitioners have got no criminal antecedent which are mentioned in para 3 of the bail applications.
Learned counsel for the informant submits that in para 6 and 7 of the case diary witnesses have taken the name of the petitioners, who fired on the deceased.
Learned counsel for the petitioner further submits that there is contradiction in the statement of witnesses in paragraph Nos. 32 and 33 of the case diary in which witnesses have stated that there is general and omnibus allegation against the petitioners.
Learned APP for the State has opposes the prayer for bail.
Considering the aforesaid facts and circumstances of the case, after framing of the charge, let the petitioners, above
Patna High Court CR. MISC. No.24487 of 2020(4) dt.01-12-2020 3/3
named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Naokothi P.S. Case No. 14/2020 to the satisfaction of the learned Judicial Magistrate-1st Class, Begusarai.
(Anjani Kumar Sharan, J)
amitkumar/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail after the charge has been framed in a case involving alleged killing by shot firing.
Whether the existence of general and omnibus allegations against the petitioners bars the grant of bail.
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
