Hon'ble Justice Sunil Kumar Panwar enlarged the petitioner on bail in a case involving murder and other offences, directing him to furnish a bail bond and two sureties to the CJM, Vaishali.
Petitioner enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount to the CJM, Vaishali.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13045 of 2023
Arising Out of PS. Case No.-144 Year-2022 Thana- MAHUA District- Vaishali
======================================================
Mukesh Patel son of satya narayan patel r/v- kanhauli bishanpur parsi, p.s.Mahua, Dist- Vaishali
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhola Prasad For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
2 05-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for bail registered for the offence punishable under sections 341, 342, 302, 120(B) and 379/34 of the Indian Penal Code.
As per allegation in the FIR, while the informant was going to sleep he heard some sound coming out from the room where his brother was sleeping and when he along with his wife went there then they saw that named accused persons along with 5 to 6 unknown persons were strangulating the neck of the deceased (his brother). It is further alleged that on oppose, accused persons tied the informant and others.
It is submitted by learned counsel for the petitioner that the petitioner has innocent and he has been falsely implicated in this case due to dirty village politics. He is not
Patna High Court CR. MISC. No.13045 of 2023(2) dt.05-05-2023 2/2
named in the F.I.R. There is no specific allegation against the petitioner. There is no eye witness of the alleged occurrence. It is further submitted that the F.I.R. named co-accused Kameshwar Rai @ Dallu Rai has been enlarged on bail vide order dated 16.11.2022 passed in Cr. Misc. No. 34614 of 2022. Petitioner is languishing in custody since 02.11.2022.
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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 144 of 2022.
(Sunil Kumar Panwar, J)
nirajkrs/lata/-
U T
1 issue framed by the court
Whether the petitioner, impugned in a murder case without specific FIR allegations, is entitled to bail.
Mukesh Patel
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
