Petitioners facing murder charges under IPC 302/201/34 applied for bail. Addressing allegations of false case and noting co-ordinate bail orders, the bench granted bail upon furnishing bonds of Rs. 25,000 each with sureties.
Released on bail on furnishing bonds of Rs. 25,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 80564 of 2019
Arising Out of PS Case No.-123 Year-2014 Thana- RAJAULI District- Nawada
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the State : Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date : 07-01-2020
Heard learned counsel for the petitioners and learned APP for the State.
Patna High Court CR. MISC. No.80564 of 2019 dt.07-01-2020 2/3
injury caused by hard blunt substance resulting in death. It was further submitted that the main accused Ganesh Sao and Chhotu Sao are agnates of the informant and to exert pressure in division of properties, false case has been lodged and only because the petitioners supported the other side during panchayati , they have also been made accused. It was submitted that the accused Ganesh Sao has been granted bail by a co-ordinate Bench of this Court by order dated 10.09.2015 passed in Cr. Misc. No. 41548 of 2015 as well as accused Chhotu Sao Dilip Kumar and Mantu Das have been granted bail by a co-ordinate Bench of this Court by order dated 21.01.2015 passed in Cr. Misc. Nos. 39852 of 2014 along with Cr. Misc. No. 48911 of 2014. It was further submitted that the petitioners have no criminal antecedent and that the petitioner no. 1 is in custody since 31.07.2019 whereas petitioner no. 2 is in custody since 01.09.2019.
Patna High Court CR. MISC. No.80564 of 2019 dt.07-01-2020 3/3
amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Rajauli P.S. Case No. 123 of 2014.
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR U T
2 issues framed by the court
Whether bail must be granted to two accused facing charges of murder under Section 302 IPC.
Whether the allegation of false case and lack of antecedents warrants release on bail.
Colour shows how this judgement treated each authority
Order dated 10.09.2015Referred¶17
Cr. Misc. No. 41548 of 2015
Order dated 21.01.2015Referred¶17
Cr. Misc. Nos. 39852 of 2014 along with Cr. Misc. No. 48911 of 2014
1 provisions across 1 enactments
Lallu Singh
Ajay Rajwanshi
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
