The Patna High Court granted regular bail to the petitioner, who was accused of murder and culpable homicide, directing him to furnish a bail bond of Rs.20,000 with two sureties.
Petitioner enlarged on bail by furnishing a bond of Rs.20,000 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.40065 of 2023
Arising Out of PS. Case No.-98 Year-2021 Thana- PIPRA District- Supaul
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Manibhushan Kumar, Son Of Shatrughan Prasad Yadav, R O Village Barerwa, Ward No.14, Pathara Gordhaiya, P.S. Triveniganj, District Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar, Advocate For the Opposite Party/s : Mr.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 21-07-2023
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.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 476/ 2022 arising out of Pipra P.S. Case No. 98 of 2021 dated 02.04.2021 registered for the offences punishable u/ss 302, 201 and 120B of the Indian Penal Code.
4. As per the prosecution case, three persons were murdered by unknown miscreants and son of one of the deceased persons saw the pictures of their dead bodies on
Patna High Court CR. MISC. No.40065 of 2023(2) dt.21-07-2023 2/3
whatsapp on his mobile which included his father and came to identify them.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused. There is no eye witness to the alleged occurrence. Nothing has been recovered from the possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 18.03.2023 passed in Cr. Misc. No. 53972 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.10.2022.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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, Supaul in connection with S.Tr. No. 476/ 2022 arising out of Pipra P.S. Case No. 98 of 2021.
Patna High Court CR. MISC. No.40065 of 2023(2) dt.21-07-2023 3/3
8. 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 implicated in murder and culpable homicide charges.
1 provisions across 1 enactments
Manibhushan Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
