In this bare judgment, the Patna High Court directed the petitioner, accused of murder and arms offences, to remove defects within four weeks before granting bail on furnishing a bond of Rs. 20,000 with two sureties.
Petitioner enlarged on bail on furnishing bond of Rs. 20,000 with two sureties of like amount; to remove defects within four weeks.
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.48285 of 2022
Arising Out of PS. Case No.-248 Year-2019 Thana- DIGHWARA District- Saran
======================================================
NITISH RAI SON OF PRITHVI RAI R/O VILLAGE- MADHOPUR, P.S.SHAHPUR, DISTRICT- PATNA
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Raj Ballabh Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 09-12-2022
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 A.P.P for the State through video-conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 read with 34 of the Indian Penal Code and 27 of the Arms Act.
As per the prosecution case, the petitioner along with co-accused persons was demanding ransom from boatmen, and the co-accused Indal Singh shot the informant’s son dead due to non-fulfillment of the ransom.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.48285 of 2022(2) dt.09-12-2022 2/2
the petitioner is innocent and have falsely been implicated in this case. Twenty-six persons have been named in the F.I.R. for the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.05.2022.
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, the petitioner above-named, 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 concerned, Saran in connection with Dighwara P.S. Case No. 248 of 2019.
The application stands allowed.
(Chandra Prakash Singh, J)
niku/-
U T
1 issue framed by the court
Whether the petitioner deserves regular bail in a case involving murder and illegal possession of arms.
2 provisions across 2 enactments
Nitish Rai Son of Prithvi Rai
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
