The Patna High Court granted regular bail to the petitioner in a murder conspiracy case causing death, observing that the prosecution case relied on suspicion without direct evidence and noting a lack of relationship between the deceased and a key suspect.
Petitioner released on bail on furnishing a bond of Rs.10,000/ 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.14323 of 2022
Arising Out of PS. Case No.-274 Year-2021 Thana- BASOPATTI District- Madhubani
======================================================
MD CHHOTU MANSUR SON OF MD. JUMMAN MANSUR Resident of Village - Janaki Nagar, P.s.- Basopatti, Distt.- Madhubani (Bihar).
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Bhushan For the Opposite Party/s : Mr.Yogendra Kumar ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
3 29-08-2022
The learned counsel for the petitioner is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Petitioner seeks regular bail in a case registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.
As per allegation, the informant alleged that due to previous dispute, petitioner and his relatives hatched up a conspiracy and killed his son.
The main submissions advanced by Sri Ravi Bhushan, the learned counsel appearing for the petitioner are that the informant has only raised suspicion against the petitioner, there is no evidence against the petitioner in the case diary and it has also come to light during course of investigation that there was
Patna High Court CR. MISC. No.14323 of 2022(3) dt.29-08-2022 2/3
no good relation between deceased and co-accused Mahaveer Jha as such present case is based on suspicion, the petitioner has been languishing in jail since 19.11.2021.
Sri Yogendra Kumar, learned APP appearing for the State has opposed the prayer for bail.
Heard both sides and perused the FIR as well as case diary. Case diary goes to show that there is no direct evidence against the petitioner and the informant has raised suspicion against the petitioner on the ground that two months ago from the alleged incident, a dispute had taken place between son of the informant and son and relatives of the petitioner owing to that petitioner and others used to threat the son of the informant. During course of investigation, it has also come to light that there was no good relation between deceased and one person namely, Mahaveer Jha on account of love affair between deceased and daughter of said Mahaveer Jha and the witnesses during course of investigation stated that Mahaveer Jha might be involved in the alleged murder. As such present case is based on suspicion which has been raised by the informant and other witnesses.
Considering these facts as well as custody period of the petitioner in the opinion of this court, a lenient approach can
Patna High Court CR. MISC. No.14323 of 2022(3) dt.29-08-2022 3/3
be taken in respect of the petitioner. Let the petitioner 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 the Chief Judicial Magistrate, Madhubani in Basopatti P.S Case No. 274 of 2021.
(Shailendra Singh, J)
s.hassan/-
U T
2 issues framed by the court
Whether the petitioner is entitled to release on regular bail given the lack of direct evidence and the suspicion-based prosecution.
Whether a lenient bail approach is warranted considering the custody period and the absence of a good relation between deceased and co-accused.
3 provisions across 1 enactments
MD CHHOTU MANSUR
THE STATE OF BIHAR
SHAILENDRA SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
