Allowed

Venkatesh @ Venkat Singh @ Venkatesh Singh @ Venkatwa @ Venkatesh Kumar @ Venkat Kumar v. The State of Bihar

Patna HC29 May 2020CR. MISC./63115/2019

Case brief

AI extract

What is this about?

This is an oral order granting bail to the petitioner in a murder and arms act case. Due to lack of evidence despite antecedents and prolonged detention, the High Court ordered release on bond with sureties, allowing provisional personal bond if lockdown prevents securing sureties.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties, or provisionally on personal bond pending surety availability.

Venkatesh @ Venkat Singh @ Venkatesh Singh @… — Murder and Culpable Homicide | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63115 of 2019

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Arising Out of PS. Case No.-190 Year-2018 Thana- TEGHRHA District- Begusarai

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====================================================== Venkatesh @ Venkat Singh @ Venkatesh Singh @ Venkatwa @ Venkatesh Kumar @ Venkat Kumar Son of Vijay Singh Resident of Village-Madhurapur, Dakshinbari tola, P.S-Teghra, District-Begusarai.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : M/s. Vijay Kumar, Adv. Mr. Mohit, Adv. For the Opposite Party : Mr. Satya Nand Shukla, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

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ORAL ORDER

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4 29-05-2020

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Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State through video conferencing.

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Petitioner seeks bail in connection with Teghra P.S. Case No. 190 of 2018 registered for the offences punishable under Sections 302, 34, 120(B) of the Indian Penal Code and 27 of the Arms Act.

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Petitioner is named in the first information report but

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Patna High Court CR. MISC. No.63115 of 2019(4) dt.29-05-2020 2/3

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according to prosecution case itself, at the time of alleged occurrence, petitioner was in jail custody. However, the prosecution claims that on the instigation of the petitioner, deceased was killed.

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No doubt, petitioner does have criminal antecedent of twelve cases but in the present case, except suspicion, there appears nothing to come against the petitioner in course of investigation. Moreover, petitioner is in jail custody for near about two years and up till now, prosecution could not succeed to conclude its case, which is evident from perusal of status report of court below.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge5th, Begusarai in connection with Teghra P.S. Case No. 190 of 2018 corresponding to Sessions Trial No. 731 of 2018.

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However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that

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Patna High Court CR. MISC. No.63115 of 2019(4) dt.29-05-2020 3/3

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petitioner shall furnish the sureties when lockdown is over.

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(Hemant Kumar Srivastava, J)

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shahzad/-

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U T

Venkatesh @ Venkat Singh @ Venkatesh Singh @ Venkatwa @ Venkatesh Kumar @ Venkat Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Venkatesh @ Venkat Singh @ Venkatesh Singh @ Venkatwa @ Venkatesh Kumar @ Venkat Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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