Single judge allowed regular bail to the petitioner in a murder conspiracy case involving sections 302, 120B, 34 IPC and Arms Act, directing him to furnish a bond of Rs. 20,000 with two sureties.
The petitioner is enlarged on bail on furnishing bail-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.52751 of 2022
Arising Out of PS. Case No.-521 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Rohit Kumar Son Of Satrughan Sah @ Satrudhan Sah @ Shatrudhan Sah @ Shatrudhan Kumar Resident Of Village- Bagha, Ward No. 29, Suhird Nagar, P.S. Town, (LOHIYA Nagar O.P.) District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Umanath Mishra A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 21-12-2022
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.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, the informant's husband was sitting infront of the informant's house. In the meantime, the co-accused person Buggi Thakur armed with pistol came on a
Patna High Court CR. MISC. No.52751 of 2022(2) dt.21-12-2022 2/3
motorcycle and fired two rounds which hit on the chest of the informant's husband as a result of which he died on the spot. It is further alleged that when her bhaisur Anil Sah came to rescue him the accused also fired on him but it did not hit him. It is further submitted that the co-accused person Buggi Thakur committed murder of the informant's husband with the help of petitioner and other co-accused persons under conspiracy.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner and the allegation of firing on the informant's husband and her bhaisur is on the co-accused Buggi Thakur. No overt act has been alleged against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.06.2022.
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 against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand)
Patna High Court CR. MISC. No.52751 of 2022(2) dt.21-12-2022 3/3
with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Begusarai Town P.S. Case No. 521 of 2021.
The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a murder conspiracy case.
2 provisions across 2 enactments
Rohit Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
