The High Court at Patna granted regular bail to the petitioner in a murder case under IPC sections 302, 201, and 34. The court noted the petitioner's impact in custody and release.
The petitioner is directed to be released on bail with a bond of Rs. 10,000 and two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2514 of 2023
Arising Out of PS. Case No.-138 Year-2017 Thana- AMARPUR District- Banka
======================================================
Kanhayi @ Kanhayi Singh @ Kanhaiyi Mandal S/O Late Chunchun Singh R/O Village- Chandrama Doliyapur, P.S.- Sajour, Distt- Banka.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar For the Opposite Party/s : Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 27-04-2023
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, 34 of the Indian Penal Code.
The prosecution case relates to commission of murder by unknown culprits after that dead body was exhumed but no one identified the said dead body.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics.
Neither petitioner is named in the FIR nor anything has been recovered from his conscious possession. It is further
Patna High Court CR. MISC. No.2514 of 2023(3) dt.27-04-2023 2/2
submitted that not a single witness stated about the complicity of the petitioner with this alleged occurrence. The petitioner is languishing in judicial custody since 16.07.2022.
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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amarpur P.S. Case No. 138 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Banka.
(Sunil Kumar Panwar, J)
Manish/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a Murder case where he is not named in the FIR and nothing was recovered from his possession.
1 provisions across 1 enactments
Kanhayi @ Kanhayi Singh @ Kanhaiyi Mandal
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
