Single-judge oral order granting bail to the petitioner charged with murder, noting the delay in FIR and lack of sufficient evidence. Bail to be secured with bond and two sureties.
Petitioner released on bail upon furnishing a bond of Rs. 50,000 with two sureties of the like amount each.
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.26163 of 2020
Arising Out of PS. Case No.-276 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
ASHOK KUMAR SAH @ ASHOK SAH Son of Moilal Sah Resident of Village- Chamanpura, Police Station- Baikuntapur, District- Gopalganj.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kant, Advocate For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 06-01-2021
Heard learned counsel for the petitioner. No one appears on behalf of the State despite repeated calls.
The petitioner is in custody in connection with Baikunthpur P.S. Case No. 276 of 2019 for the offence under Section 302/34 IPC.
In this case vide order dated 12.10.2020 case diary was called which has been received.
Learned counsel for the petitioner submits that there is delay of two months time in lodging the FIR. He further submits that there is allegation against nine persons that they have assaulted the deceased with bamboo Lathi and Danda but the said allegation is not supported by the materials available on the records. As per the counsel for the petitioner, the petitioner is in custody since 20th March, 2020. The petitioner has no
Patna High Court CR. MISC. No.26163 of 2020(3) dt.06-01-2021 2/2
criminal antecedent.
Considering the totality of the fact situation, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P. S. Case No. 276 of 2019.
(Anil Kumar Upadhyay, J)
spandey/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner though charges of culpable homicide amounting to murder are implicated.
Whether the delay in FIR lodging and lack of material evidence support granting bail.
ASHOK KUMAR SAH @ ASHOK SAH
THE STATE OF BIHAR
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
