Single judge order allowing bail to Saroj Rai in a murder case. Court held petitioner falsely implicated based on suspicion with no cogent material, despite criminal antecedents.
Petitioner directed to be released on bail furnishing bond of Rs.10,000 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.15848 of 2023
Arising Out of PS. Case No.-612 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
SAROJ RAI S/O BALESHWAR PRASAD YADAV R/v- Batrauli, P.S.Mahindwara (Erstwhile, Runnisaidpur PS), District- Sitamarhi
... ... Petitioner/s
| The State Of Bihar ==================== |
Versus ... ... Opposite Party/s ================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : |
Mr. Abu Nasar |
| For the Opposite Party/s : ==================== |
Mr. Dr.Mrityunjaya Kr.Gautam ================================== |
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 22-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
As per prosecution case, the informant alleged that the accused persons including the petitioner came at his house, in the meantime, co-accused Birendra Ray and Jaikumar Singh fired gun shot from window which hit his uncle due to which he succumbed to injury.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. From perusal of FIR, it appears that the specific allegation of firing upon the deceased is against other co-accused persons
Patna High Court CR. MISC. No.15848 of 2023(3) dt.22-05-2023 2/2
namely, Birendra Ray and Jaikumar Singh. The petitioner is not named in FIR rather during course of investigation, his named transpired in his self confessional statement which has got no evidentiary value in the eye of law. No any cogent material has come against the petitioner which shows his complicity in the alleged offence. It is further submitted that the petitioner is languishing in judicial custody since 13.7.2022.
Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got several criminal antecedents.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Runnisaidpur P.S. Case No. 612 of 2018 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, Sitamarhi.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving sections 302/34 IPC.
1 provisions across 1 enactments
Saroj Rai
State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
