In a bail application under Sections 302/34 IPC and Section 27 Arms Act, the Patna High Court granted bail to Ganesh Singh. The court noted lack of direct material against him compared to a co-accused who had already been released.
Petitioner released on bail upon furnishing Rs. 20,000 bond with two sureties subject to specific 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.9789 of 2020
Arising Out of PS. Case No.-165 Year-2018 Thana- AMDABAD District- Katihar
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Ganesh Singh, S/o Jitan Singh, R/o village - Gadai Diyara, Ward No. 10, P.S.Amdabad, District - Katihar
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 05-06-2020
The matter has been taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
It appears that co-accused Birendra Chaudhary, having identical allegation, has already been allowed bail by this Court vide order dated 04.03.2020 passed in Cr. Misc. No. 67799 of 2019. The informant is not an eyewitness of the occurrence of murder, rather he gathered information from one Uttam Chaudhary. Uttam Chaudhary stated before the police that coaccused Bablu Chaudhary and Ramu Chaudhary were seen along with the deceased on a boat. Uttam Chaudhary was there when the
Patna High Court CR. MISC. No.9789 of 2020(3) dt.05-06-2020 2/2
two named persons committed murder of the son of the informant.
Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Amdabad Police Station Case No. 165 of 2018, subject to the following conditions:-
(a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner.
(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The petitioner shall not leave the country without permission of the learned court below.
If the petitioner would not be able in furnishing sureties due to lockdown, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether the petitioner has sufficient grounds for release on bail.
Ganesh Singh
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
