Hon'ble Justice Prabhat Kumar Singh allowed the petitioner's bail application in a murder case. Considering the period of custody and that a similarly situated accused had already been granted bail, the court released the petitioner on bail.
Released on bail on furnishing bond of Rs. 10,000/- with two sureties of 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.37535 of 2021
Arising Out of PS. Case No.-312 Year-2015 Thana- TEKARI District- Gaya
======================================================
MAHENDRA YADAV Son of Late Narayan @ Late Narayan Yadav Resident of Village- Rambigha, P.S.- Belaganj, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ramadhar Shekhar For the Opposite Party/s : Mr.Anil Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 02-11-2021
Heard learned counsel for the petitioner and the State.
Petitioner seeks regular bail in a case registered for
the offence punishable under Section 302, 201,34 of the Indian Penal Code.
As per the prosecution case, petitioner along with other accused persons committed the murder of son of the informant.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case only on suspicion. There is no eye witness of the occurrence. It is submitted that there is no circumstantial evidence suggesting implication of this petitioner in the present case. Similarly situated accused Chintawan Yadav has already been granted bail by a co-ordinate Bench of this court vide order
Patna High Court CR. MISC. No.37535 of 2021(3) dt.02-11-2021 2/2
dated 28.02.2017 passed in Cr. Misc. No. 3275/2017. Petitioner claims clean antecedent and is in custody since 15.01.2021 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari PS case No.312/2015.
(Prabhat Kumar Singh, J)
BKS/-
U T
3 issues framed by the court
Whether the petitioner is entitled to regular bail in a murder case pending investigation.
Whether the petitioner's clean antecedents and the grant of bail to a similarly situated co-accused justify release on bail.
Whether the compromise between the petitioner and the victim's family necessitates bail.
Mahendra Yadav
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
