This order grants bail to the petitioner, who is accused of murder under Sections 302 and 34 IPC. The High Court allowed release on a bond of Rs. 10,000 subject to sureties and standard conditions.
Directed to release petitioner on bail 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.33527 of 2022
Arising Out of PS. Case No.-397 Year-2020 Thana- HILSA District- Nalanda
======================================================
Sanjeet Kumar @ Pallu @ Pallu Kumar Son Of Late Ramdev Prasad Resident Of Village- Pendapur, Police Station- Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Ravi Shanker Pankaj, Advocate For the State : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
4 20-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
The petitioner seeks bail in connection with Hilsa P.S. Case No.397 of 2020 registered for the offence under Sections 302 and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 10.08.2021.
The allegation against the petitioner is to commit the murder of husband of the informant alongwith other co-accused persons, where his dead body was found lying in the field with electric wire passing through the dead body.
Learned counsel appearing on behalf of the petitioner submitted that as some quarrel took place between grandson of
Patna High Court CR. MISC. No.33527 of 2022(4) dt.20-12-2022 2/3
the informant and the petitioner prior to this occurrence, the name of the petitioner surfaced in this case out of said suspicion, where no incriminating material recovered/surfaced during the course of investigation which may, prima facie , suggest the involvement of the petitioner in the present occurrence. It is also submitted that no external injuries were noticed, while conducting post mortem and as electric wire was passing through dead body, there is high probability that death might have been caused due to electrocution. It is submitted that similarly situated co-accused, namely Indrajeet Kumar, has already been granted bail by one of the learned Co-ordinate bench of this Court through Cr. Misc. No.43877 of 2021 vide order dated 25.04.2022. While concluding the argument, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State , opposes the prayer for the bail.
In view of the facts and circumstances as mentioned above as save and except suspicion nothing incriminating appears against the petitioner coupled with the fact that chargesheet has already been submitted, let above named petitioner is
Patna High Court CR. MISC. No.33527 of 2022(4) dt.20-12-2022 3/3
directed to be released on bail in connection with Hilsa P.S. Case No.397 of 2020 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge IV, Hilsa, District Nalanda/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case where the charge-sheet has been submitted.
1 provisions across 1 enactments
Sanjeet Kumar @ Pallu @ Pallu Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
