The Patna High Court granted regular bail to the petitioner in a murder investigation where he was alleged to have advised disposing of the body. The court directed bail on a bond of Rs. 10,000 with two sureties.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 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.2175 of 2023
Arising Out of PS. Case No.-133 Year-2022 Thana- CHORAUT District- Sitamarhi
======================================================
Dhruv Mahto Son Of Late Jagdev Mahto R/O Vill.- Verma, P.S.- Choraut, Distt.- Sitamarhi
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prem Ranjan Raj For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 26-06-2023
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, 201 and 34 of the Indian Penal Code.
As per prosecution case, the allegation against the accused persons is that they committed murder of the informant's son due to love affair.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and has only advised to dispose the dead body of the deceased due to which he has falsely been implicated in this case. There is no specific
Patna High Court CR. MISC. No.2175 of 2023(4) dt.26-06-2023 2/2
allegation of committing murder attributed against the petitioner rather the specific allegation of committing murder is against co-accused persons. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.08.2022.
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 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 Choraut
P.S. Case No. 133 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judge 8th , Sitamarhi.
(Sunil Kumar Panwar, J)
manishkumar/-
U T
2 issues framed by the court
Whether the petitioner, falsely implicated in a murder case and languishing in judicial custody, should be granted regular bail.
Whether the allegations attributed to the petitioner as an advisor to dispose of the body justify the rejection of his bail application.
1 provisions across 1 enactments
Dhruv Mahto
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
