The Patna High Court granted bail to the petitioner in a murder case instituted under Sections 302, 201, and 34 of the IPC. The court observed that the petitioner had no prior material evidence, only suspicion, against him.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72102 of 2023
Arising Out of PS. Case No.-18 Year-2020 Thana- HARINMAR District- Munger
======================================================
VAKIL SINGH S/O LATE CHHOTAN SINGH VILLAGE- RETA, PS. HARINMAR, DIST.MUNGER
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Narsingh Tanti For the Opposite Party/s : Mr.Dilip Kumar No. 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 08-11-2023
Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.
It is a case of commission of murder to the informant’s son, namely, Mantu Singh by the accused persons hitting his head by sharp cutting weapon and his dead body was found hidden in the land of Dinesh Singh. by gunshot injury by several accused persons including the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the
Patna High Court CR. MISC. No.72102 of 2023(2) dt.08-11-2023 2/2
present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. His dead body was recovered from the field of accused Dinesh Singh who has already been granted bail by another co-ordinate Bench of this Court vide order dated 27.09.2022 passed in Cr. Misc. No. 29747 of 2023. Petitioner is
languishing in judicial custody since 26.7.2023.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Munger in connection with Harinmar P.S. Case No. 18 of 2020.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether the petitioner deserves to be granted bail in a murder case where the petitioner was falsely implicated based on suspicion without eyewitnesses or consistent material against him.
1 provisions across 1 enactments
Vakil Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
