The Patna High Court granted bail to the petitioner, Munnilal Sah, accused in murder and other offences, noting the co-accused had already been released and the petitioner had no criminal antecedent.
Release on bail of Rs. 10,000 with two sureties of the same amount subject to conditions.
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.54211 of 2019
Arising Out of PS. Case No.-866 Year-2017 Thana- BETTIAH CITY District- West
Champaran
======================================================
MUNNILAL SAH Son of Sri Raghuvir Sah Resident of MohallaNaurangabad, Bettiah near Gandhi Lodge, P.S.-Bettiah Town, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jainendra Kumar Pushkar For the Opposite Party/s : Mr.Rina Sinha ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 08-01-2020 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is in custody since 23.12.2017 in connection with Bettiah Town P.S. Case No. 866 of 2017 for the offence registered under Sections 365, 364, 302 201, 120(B)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner had been rejected but subsequently, in view of the fact that another similarly situated co-accused persons has been extended the privilege of bail, he has renewed his prayer for grant of bail. It is further submitted that name of the petitioner had transpired on the basis of the confessional statement made before the police by the co-accused
Patna High Court CR. MISC. No.54211 of 2019(2) dt.08-01-2020 2/3
which has no evidentiary value. It is further submitted that one Avinash Kumar @ Avinash Kumar Yadav who was also similarly named in the confessional statement has since been extended the privilege of bail vide order dated 20.06.2019 passed in Cr. Misc. No. 30735 of 2019.
Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, 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 Judicial Magistrate 1st West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 866 of 2017, subject to the following conditions :-
Patna High Court CR. MISC. No.54211 of 2019(2) dt.08-01-2020 3/3
investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J)
Jagdish/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail considering the grant of bail to a similarly situated co-accused.
Whether the petitioner's lack of criminal antecedents warrants bail in connection with sections 302 and 364 IPC.
1 provisions across 1 enactments
Munnilal Sah
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
