A single judge issued an oral order granting regular bail to five petitioners accused of offences under various IPC sections including murder and rioting. The court directed their release upon furnishing a bail bond and sureties.
Petitioners to be released on bail by furnishing bond of Rs.10,000/- and two sureties of like amount to CJM Purnea.
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.10309 of 2023
Arising Out of PS. Case No.-143 Year-2021 Thana- RUPAULI District- Purnia
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Vikram Singh For the Opposite Party/s : Mr.Raj Kishor Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 07-07-2023
The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 448, 147, 148, 149, 302, 325, 307, 504, 506 of the Indian Penal Code.
As per FIR, the allegation against the petitioners and co-accused persons is that they armed with various weapons came at the house of the informant and assaulted
Patna High Court CR. MISC. No.10309 of 2023(3) dt.07-07-2023 2/3
to the informant’s brother and his family members due to which they sustained injury. It is further alleged that when the brother of the informant took hospital where doctor declared him dead.
Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. There is no specific allegation of committing murder attributed against the petitioners rather general and omnibus allegation attributed against them. During investigation independent witness also not supported the prosecution version. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 14.10.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Rupali
Patna High Court CR. MISC. No.10309 of 2023(3) dt.07-07-2023 3/3
P.S. Case No. 143 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.
(Sunil Kumar Panwar, J)
Manishkumar/-
U T
1 issue framed by the court
Whether the petitioners, accused in an FIR involving allegations of murder and assault, are entitled to regular bail.
1 provisions across 1 enactments
Niyamul Son Of Md. Kashim
Md. Gulab Son Of Md. Nehal
Md. Mahmood Son Of Md. Niyamul
Md. Naim Son Of Md. Jamal
Md. Nehal Son Of Md. Kashim
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
