This judgment grants bail to the petitioner in a murder and arms case. The court observed that although the petitioner was not named in the FIR, his name appeared in a co-accused's confession. The investigation being complete, bail was ordered.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount.
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.17817 of 2021
Arising Out of PS. Case No.-114 Year-2020 Thana- GOPALPUR District- Bhagalpur
======================================================
BARUNJAY THAKUR Son of Late Mod Narayan Thakur Resident of Village - Lattipur, P.S.- Bihpur, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar,Adv For the Opposite Party/s : Mr.A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 21-10-2021 Heard the parties.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
Petitioner is not named in the FIR of the occurrence of murder whereas some others are named therein. Name of the petitioner surfaced in the confessional statement of co-accusedChhotu Yadav.
Submission is that the petitioner is in custody since 02.07.2020. Due to his criminal antecedent, the petitioner has been falsely implicated in this case. Investigation of the case is already complete. Petitioner undertakes to cooperate with the trial.
Let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.17817 of 2021(3) dt.21-10-2021 2/2
on furnishing bail bond of Rs.20,000/- (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 Gopalpur Police Station Case No.114 of 2020 with following conditions:
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J)
Nitesh/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a murder case where he is not named in the FIR but surfaced in a co-accused's confession and is in custody since July 2, 2020.
Whether the conditions of cooperation and travel restrictions are sufficient for granting bail.
2 provisions across 2 enactments
Barunjay Thakur
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
