Single judge allowed bail to the petitioner in a murder case on conditions of furnishing bond, cooperating in trial, and not tampering with evidence or witnesses.
Bail granted on Rs. 10,000 bond with two sureties of similar amount subject to standard conditions.
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.2707 of 2022
Arising Out of PS. Case No.-43 Year-2021 Thana- CHAKIA District- East Champaran
======================================================
BIRA LAL BHAGAT Son of Baran Bhagat Resident of Village - Sitalpur Tola Raja Patti, P.S.- Chakia, Distt.- East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 20-07-2022
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code.
The son of the informant is said to have been killed by the petitioner and others.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. but the name of this petitioner has transpired in this case merely on the basis of suspicion during course of
Patna High Court CR. MISC. No.2707 of 2022(3) dt.20-07-2022 2/3
investigation. He further submits that except suspicion, no cogent material has surfaced against the petitioner during course of investigation. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 05.07.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the, above named, 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 learned Court below where the case is pending in connection with Chakia P.S. Case No. 43 of 2021 with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or
Patna High Court CR. MISC. No.2707 of 2022(3) dt.20-07-2022 3/3
the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
braj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving charge under Sections 302, 120(B), and 34 of IPC.
1 provisions across 1 enactments
Bira Lal Bhagat
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
