In a regular bail application arising from murder and conspiracy charges, the Court allowed bail permitting the petitioner to remove defects within four weeks, specifying conditions for physical presence.
Petitioner enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties and complying with appearance conditions.
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.26194 of 2023
Arising Out of PS. Case No.-97 Year-2021 Thana- MUSRIGHRARI District- Samastipur
======================================================
Arjun Das @ Kariya, S/O Sitaram Das, R/O Village- Bakhari Bujurg, P.SMusrigharari, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 24-05-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Musarigharari P.S Case No. 97 of 2021 dated 08.08.2021 registered for the offences punishable u/ss 302/120B of the Indian Penal Code and u/s 27 of the Arms Act.
As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the husband of the informant under conspiracy.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.26194 of 2023(2) dt.24-05-2023 2/3
the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. He has further submitted that there is no eye witness to the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The charge-sheet has already been submitted in this case. As per impugned order, the petitioner has got 12 other criminal antecedents. The petitioner is in custody since 11.05.2022.
Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus against the petitioner, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Musrigharari P.S. Case No. 97 of 2021 with the condition :-
to remain physically present before the learned Court below on each and every
Patna High Court CR. MISC. No.26194 of 2023(2) dt.24-05-2023 3/3
date, failing which on two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner given general allegations and prior criminal antecedents.
2 provisions across 2 enactments
Arjun Das
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
