In a bail application regarding murder charges, the High Court granted release to the petitioner. The court noted the absence of eyewitnesses and the completion of investigation as key factors in allowing bail subject to standard conditions.
Petitioner released on bail on furnishing bonds of Rs. 20,000 with two sureties of like amount.
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.50906 of 2021
Arising Out of PS. Case No.-229 Year-2021 Thana- SONEPUR District- Saran
======================================================
Devanand Rai Son of Krishna Gopal Rai Resident of Village- Jahangirpur Dudhalla More, P.S.- Sonepur, District- Saran at Chapra (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
4 16-05-2022
Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered in connection with Sonepur P.S.Case No. 229 of 2021 for the offences punishable under Sections 302/ 120B of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, it is alleged that in the year 2020 Dev Kumar was killed by some persons but the family members of Dev Kumar suspected the hands of the son of the informant due to which all the named accused persons and 2-3 known persons used to threatened the
Patna High Court CR. MISC. No.50906 of 2021(4) dt.16-05-2022 2/4
informant for dire consequences. It is alleged that on 01.05.2021 informant’s son had gone for a walk and while he was sitting with Jitu Kumar, his daughter also went for walk and saw his brother sitting with Jitu Kumar. It is further alleged that at about 6.30 pm, the informant came to know that his son was killed. There upon informant and his family members rushed to the place of occurrence and found that his son was shot dead. It is further asserted that he came to know that all the named accused persons along with 2-3 unknown person killed his son.
It is submitted by the learned counsel for the petitioner that only because of previous animosity the petitioner has been implicated in this case and moreover, this petitioner has not found involved in any other case, except one case relating to Excise Act. It is lastly submitted that there is no eye witness to the alleged occurrence petitioner is in custody since 04.05.2021though the investigation has already been completed and charge sheet has been submitted.
On the other hand, learned counsel for the State opposed the bail application of the petitioner and submits
Patna High Court CR. MISC. No.50906 of 2021(4) dt.16-05-2022 3/4
that during the course of investigation, the complicity of the petitioner has come and the informant and other witnesses have suspected the participation of this petitioner.
Having heard the rival contentions of the parties and taking into consideration the fact that there is no eye witness to the alleged occurrence and even prior to the alleged occurrence he was not seen at the place of occurrence and moreover, one Jitu Kumar along with whom the deceased was sitting near his house had not disclosed the name of this petitioner. Apart from the fact that investigation has already been completed and the charge sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at chapra in connection with Sonepur P.S.Case No. 229 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of the trial.
Patna High Court CR. MISC. No.50906 of 2021(4) dt.16-05-2022 4/4
(ii) He will remain present on each and every date
of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or
intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive
dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J.)
N.K/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a murder case where investigation is complete and there are no eyewitnesses to the occurrence.
Whether the lack of witness identification and completion of investigation justifies granting bail despite serious charges under IPC.
Devanand Rai
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
