The High Court granted regular bail to the petitioner charged with murder and related offences under the IPC, directing him to furnish a bond of Rs.20,000 with two sureties.
Enlargement on bail by furnishing a bond of Rs.20,000/- with two sureties of the 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.37060 of 2022
Arising Out of PS. Case No.-216 Year-2021 Thana- MOHAMMADPUR District- Gopalganj
====================================================== MUNNA YADAV SON OF LATE RAMCHANDRA YADAV R/O VILLAGE- DHARAMPUR, P.S.- JADOPUR, DISTRICT- GOPALGANJ
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinay Ranjan For the Opposite Party/s : Mr.Anand Kishore Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 27-09-2022
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 201 read with 34 of the Indian Penal Code.
As per the prosecution case, the son of the informant worked as a driver for the petitioner on a monthly pay of Rs. 7,000/- but the petitioner never paid him completely and on being asked for money, the petitioner used to make excuses. Later, the son of the informant died in a car accident and the
Patna High Court CR. MISC. No.37060 of 2022(2) dt.27-09-2022 2/3
petitioner promised to pay Rs. 10 Lakhs as compensation but he did not give the money and the informant realised that the petitioner killed his son and gave it a colour of an accident for not paying the dues money.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The deceased actually met with an accident and died for which Mahamadpur P.S. Case No. 287 of 2020 dated 24.12.2020 was lodged. After lapse about one year the present case has been lodged against the petitioner on 01.11.2021. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition which are related to the Excise Act. The petitioner is in custody since 14.02.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, Gopalganj in connection with Mohammadpur P.S. Case No. 216
Patna High Court CR. MISC. No.37060 of 2022(2) dt.27-09-2022 3/3
of 2021.
The application stands allowed.
(Chandra Prakash Singh, J)
niku/-
U T
3 issues framed by the court
Whether to grant regular bail to the petitioner on furnishing a bail bond of Rs.20,000/- with two sureties
Petitioner's innocence and lack of recovery from conscious possession
Delay in lodging the case after an initial accident report
1 provisions across 1 enactments
Munna Yadav Son of Late Ramchandra Yadav
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
