Hon'ble Mr. Justice Sunil Kumar Panwar granted bail to the petitioner in a murder case (Sections 302, 201/34 IPC) instituted in 2022, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner granted bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.3768 of 2023
Arising Out of PS. Case No.-180 Year-2022 Thana- GANGABRIDGE District- Vaishali
======================================================
GUDDU KUMAR S/o Suresh Singh R/o Village- Sahadullapur, Ward No. 13, Sadullahpur Satan, District Vaishali- 844102.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vasant Vikas For the Opposite Party/s : Mr.Md. Ataur Rahman ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 06-07-2023
Heard learned counsel for the petitioner, informant and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 201/ 34 of the Indian Penal Code.
As per prosecution case, some unknown miscreants killed the mother of the informant, when she went to a litchi orchard for collecting the leaves for burning the raw clay utensils. It is further alleged that the informant and his family members spotted blood marks in the litchi orchard and followed the trail and found the dead body of the informant’s mother.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is
Patna High Court CR. MISC. No.3768 of 2023(4) dt.06-07-2023 2/2
not named in the FIR and the same has been lodged against unknown person. During investigation, the name of the petitioner has come into light, on the basis of confessional statement of co-accused Raj Kumar @ Raja, which has got no evidentiary value in the eyes of law. Except confessional statement of co-accused, there is no consistent evidence/material come against the petitioner. He is languishing in judicial custody since 01.08.2022.
The application for bail is opposed by learned APP for the State and learned counsel for the informant.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Gangabridge P.S. Case No. 180 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
1 issue framed by the court
Whether the petitioner is eligible to be granted bail in a case involving offences under Sections 302 and 201/34 of the IPC.
Guddu Kumar S/o Suresh Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
