In bail application regarding a murder accusation where the informant was not an eyewitness, cause of death pending, and charge-sheet filed under Section 304 IPC, the court granted bail with a bond and sureties subject to CrPC conditions.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties of 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.32439 of 2022
Arising Out of PS. Case No.-20 Year-2022 Thana- CHARPOKHARI District- Bhojpur
======================================================
Muni Yadav S/o Shahji Yadav @ Anand Kumar Singh R/o village- Rajapur, P.S.- Piro, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
6 14-02-2023
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
The petitioner seeks bail in connection with Charpokhari P.S. Case No.20 of 2022 registered for the offence under Sections 302 and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 10.02.2022.
The allegation against the petitioner is to commit murder of brother of informant alongwith other co-accused persons due to enmities arising out of playing songs during visarjan of Saraswati Idol in the procession.
Learned counsel appearing on behalf of the petitioner submitted that the informant is not the eye-witness of the occurrence and entire implication is based upon hearsay input. It
Patna High Court CR. MISC. No.32439 of 2022(6) dt.14-02-2023 2/3
is further submitted that even as per face of F.I.R., while narrating the occurrence no name was taken by deceased before informant. It is submitted that chargesheet in this case has been submitted under Section 304 of the Indian Penal Code (I.P.C.) after investigation. While traveling over the argument, it is submitted that medical report is suggesting that injuries are minor and simple in nature and not sufficient to cause death in ordinary course of nature, where cause of death reserved to be ascertained in due course after getting report of viscera from F.S.L. While concluding the argument, it is submitted that petitioner is involved in two more criminal cases of petty nature where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer for bail fairly conceded that charge-sheet has been submitted under Section 304 of the Indian Penal Code (I.P.C.) after investigation.
In view of the facts and circumstances, as informant is not the eye-witness of the occurrence where cause of death is yet to be ascertained coupled with the fact that charge-sheet has
Patna High Court CR. MISC. No.32439 of 2022(6) dt.14-02-2023 3/3
been submitted u/S 304 of the I.P.C., let above named petitioner is directed to be released on bail in connection with Charpokhari P.S. Case No.20 of 2022 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur Ara/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
2 issues framed by the court
Whether bail should be granted to a murder accused where the informant is not an eye-witness and the charge has been downgraded to culpable homicide.
Whether the petitioner satisfies the conditions for bail under Section 437(3) Cr.P.C. given the medical report and completed investigation.
4 provisions across 2 enactments
Muni Yadav
The State of Bihar
CHANDRA SHEKHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
