Single judge order granting bail to the petitioner in a murder case, subject to the condition that the charge is framed by the lower court and a bail bond with sureties is furnished.
Petitioner to be released on bail after framing of charge by furnishing bail bond of Rs. 25,000 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.11787 of 2021
Arising Out of PS. Case No.-428 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
======================================================
Indal Mahto @ Indal Mahton, Gender- Male, aged about 35 years, Son of Doman Mahto, Resident of Village - Paharchak, Ward No. 27, P.S.- Muffasil, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amit Narayan, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 24-08-2021
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
The informant, Ladli Kumari, daughter of the deceased alleged that when her two years old nephew, while playing, caught the Taat of Azad Mahto, female members of the house started abusing. When Khusboo Devi, the mother of the child, protested, Azad Mahto and Indal Mahto started assaulting the father of the informant with fists and slaps in his chest and stomach and on account of assault her father died.
Patna High Court CR. MISC. No.11787 of 2021(3) dt.24-08-2021 2/2
Learned counsel for the petitioner submits that the parties are Gotiyas and there is land dispute between them. Allegation against the petitioner is that the petitioner along with the co-accused assaulted the father of the informant by fists and slaps and consequently the father of the informant, Tuntun Mahto died, but the postmortem report shows no definite cause of death. However, viscera was preserved for further clarification. The petitioner is in custody since 04.10.2020 and he has got no criminal antecedent as mentioned in para 3 of the bail petition.
Considering the facts and circumstances of the case, let petitioner, above named, be released on bail, after framing of the charge, by the learned court below on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Muffasil P.S. Case No.428 of 2020.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving alleged culpable homicide not amounting to murder pending at the stage of framing of charges.
1 provisions across 1 enactments
Indal Mahto @ Indal Mahton
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
