Allowed

Lal Bahadur Singh v. The State of Bihar

Patna HC25 Jan 2023CR. MISC./35880/2022

Case brief

AI extract

What is this about?

Two petitioners charged with murder and abetment under IPC sections 302, 201, 120B, and 328 were released on regular bail. The Court granted bail citing their government service, lack of absconding risk, and disparity as co-accused had received anticipatory bail.

What did the court decide?

Release of petitioners on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount each to the CJM, Muzaffarpur.

Lal Bahadur Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35880 of 2022

¶2

Arising Out of PS. Case No.-330 Year-2011 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur

¶3

======================================================

¶4

LAL BAHADUR SINGH SON OF LATE SURAJ SINGH Resident of Village- Yusufpur, Police Station- Lalganj, District- Vaishali. At present Assistant Postal Superintendent, Headquarter, Muzaffarpur.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43568 of 2022

¶8

... ... Opposite Party/s

¶9

Arising Out of PS. Case No.-330 Year-2011 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== JAGDISH RAM SON OF SHIVDENI RAM R/O VILLAGE- MAJHAULIA, P.S.- MEHSI, DISTRICT- EAST CHAMPARAN

¶10

... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 35880 of 2022) For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Adv. Mrs. Kshama Sharma, Adv. For the Opposite Party/s : Mr.Ashok Kumar Singh (In CRIMINAL MISCELLANEOUS No. 43568 of 2022) For the Petitioner/s : Mr.Jyotsna Rani Mishra For the Opposite Party/s : Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

¶11

4 25-01-2023 Heard the learned counsel for the petitioners and

¶12

learned APP for the State.

¶13

Let the defect(s), if any, be removed within a period of four weeks from today.

¶14

Both the petitioners seek bail in connection with East

¶15

Patna High Court CR. MISC. No.35880 of 2022(4) dt.25-01-2023 2/3

¶16

Muzaffarpur Town P.S. Case No. 330 of 2011 registered for the offence under Sections 302, 201, 120B and 328 of the Indian Penal Code.

¶17

Both the petitioners are in custody since 26.04.2022 and 26.05.2022 respectively.

¶18

Learned counsel for the petitioners submits that both the petitioners are working in the postal department. A dead body was thrown by some persons from a Bolero Jeep and during investigation, it has come that the petitioners along with others including Chhotelal Mahaldar and Rajendra Jha had taken liquor together with the deceased in a marriage function and thereafter, the deceased died and his dead body was thrown by the accused persons on the road.

¶19

Recently, during investigation, Sulphas was found in the Viscera Report of the deceased.

¶20

Chhotelal Mahaldar and Rajendra Jha have already been granted anticipatory bail by this Court in Cr. Misc. Case No. 62810 of 2022 and Cr. Misc. No. 61776 of 2022.

¶21

It has been submitted by the learned counsel for the petitioners that on Principle of Parity also they deserve bail and, moreover, both the petitioners are government servants and there is no chance that they will abscond.

¶22

Patna High Court CR. MISC. No.35880 of 2022(4) dt.25-01-2023 3/3

¶23

Considering the aforesaid fact, this application for regular bail of the petitioners is allowed.

¶24

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with East Muzaffarpur Town P.S. Case No. 330 of 2011.

¶25

The petitioners will co-operate in the trial and will regularly appear before the Court below physically or through their advocates and in case of default their bail bond shall be cancelled.

¶26

(Sandeep Kumar, J)

¶27

Vikas/Sunny

¶28

Lal Bahadur Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lal Bahadur Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Munna Alam Vs The State of Bihar

Vijay Kumar Jha @ Vijay Jha Vs The State of Bihar

Upendra Kumar Vs The State of Bihar

Zaheer @ Kaloo @ Jahiruddin @ Kalu Vs The State of Bihar

Vidhi Paswan @ Bidhi Paswan Vs the State of Bihar

Jagdish Ram Vs The State of Bihar