The High Court at Patna granted bail to Tilak Kumar, who was in custody since May 2019 for murder and related offences. The court held that the FIR and investigation diary did not provide concrete evidence against him beyond suspicion, allowing his release.
Petitioner released on bail by furnishing a bond of Rs. 10,000/- 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.64306 of 2019
Arising Out of PS. Case No.-285 Year-2019 Thana- KUDHNI District- Muzaffarpur
======================================================
TILAK KUMAR @ TILAKANA, Son of Shambhu Sharma, Resident of Village-Bara Sumera Afjalpur, P.S-Kudhani, District-Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Ranjan- Advocate For the Opposite Party/s : Mr. Madhura Nand Jha- A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
3 03-06-2020
Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioner is in custody since 05.05.2019 and seeks bail in connection with Kudhani P. S. Case No.285 of 2019 registered for the offences punishable under Sections 302, 120(B), 34 of the I.P.C.
Although, petitioner is named in the first information report, but from perusal of first information report, it would appear that deceased had left his house not in the company of petitioner. Furthermore, the perusal of entire case diary goes to show that except suspicion, there appears to be nothing against the petitioner, who is languishing in jail custody
Patna High Court CR. MISC. No.64306 of 2019(3) dt.03-06-2020 2/2
since long and the investigation against him has already been completed.
Accordingly, 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 the learned Additional Chief Judicial Magistrate, IIIrd, West, Muzaffarpur in connection with Kudhani P. S. Case No.285 of 2019.
(Hemant Kumar Srivastava, J)
vikash/-
U T
2 issues framed by the court
Whether the petitioner is eligible to be released on bail in the Kulhani Police Station case.
Whether the suspicion against the petitioner warrants his continued detention in custody given that the investigation is complete.
Tilak Kumar @ Tilakana
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
