Single Judge granted bail in the event of arrest or surrender to petitioners accused in a murder case under Section 302 IPC and Section 27 Arms Act, subject to furnishing bond with sureties under Section 438(2) CrPC.
Release on bail in the event of arrest/surrender within six weeks by furnishing bond of Rs. 10,000 with two sureties 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.2208 of 2022
Arising Out of PS. Case No.-103 Year-2014 Thana- CHAUTHAM District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. NK Agrawal, Sr. Advocate and Mr.Vikram Singh, Advocate For the Opposite Party/s : Mr. Addl Public Prosecutor For the informant Mr. Bishwajeet Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 25-07-2022
Heard learned counsel for the petitioners, the State
and the informant.
Petitioners apprehend their arrest in a case registered for the offence punishable under Section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
As per the FIR, nine named persons including the petitioners and four unknown persons came to the doors of the informant. Thereafter, on the order of co-accused Binda Devi,
Patna High Court CR. MISC. No.2208 of 2022(2) dt.25-07-2022 2/3
co-accused Sintu Kumar Sah shot at head, co-accused Pintu Kumar shot at chest, whereas co-accused Mithun Kumar Sah shot at left leg of the husband of the informant. Co-accused Sikandar Sah shot at neck of the husband of the informant and thereafter all the accused persons fled away.
Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to village politics. Specific allegation of firing is against other accused persons. There is general and omnibus allegation of assault against these petitioners and no specific overt act has been alleged against them. Police after investigation submitted final form but the Court below differing with the same took cognizance of the offence against the petitioners. Petitioners have got no criminal antecedent.
Learned counsel appearing for the State as well as the informant oppose the prayer for bail.
Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Khagaria in Chautham Police
Patna High Court CR. MISC. No.2208 of 2022(2) dt.25-07-2022 3/3
Station Case No. 103 of 2014, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
shashi/-
U T
2 issues framed by the court
Whether petitioners are entitled to bail in proceedings for arrest in a murder and arms case.
Whether the prayer for release on bail in the event of arrest/surrender can be granted.
3 provisions across 3 enactments
Subhash Sah
Sandeep Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
