In an oral order, the Patna High Court granted regular bail to the petitioner in a murder case (IPC 302), directing his release on furnishing a bail bond of Rs. 10,000 with two sureties.
Released on bail with a bond of Rs. 10,000 and 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.4032 of 2023
Arising Out of PS. Case No.-512 Year-2022 Thana- MADANPUR District- Aurangabad
======================================================
ARUN PASWAN S/o Late Naresh Paswan R/o village- Umga Tole, Bachhibir, P.S.- Madanpur, Distt- Aurangabad (Bihar).
... ... Petitioner/s
| The State of Bihar =================== |
Versus =================== |
... ... Opposite Party/s ================ |
|---|---|---|
| Appearance : | ||
| For the Petitioner/s : |
Mr. Leelawati Kumari | |
| For the Opposite Party/s : =================== |
Mr. Anita Kumari =================== |
================ |
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
4 21-06-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code.
The prosecution story, in nutshell, is that on the alleged date of occurrence, when the informant went to wake his mother but found her lying dead on bed. The informant raised suspicion that the petitioner killed his mother by pressing her neck.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of suspicion. The informant himself is not an eyewitness to the alleged occurrence even when he alleges the death of deceased
Patna High Court CR. MISC. No.4032 of 2023(4) dt.21-06-2023 2/2
is caused by strangulation. Therefore, the statement of informant himself is suspicious and doubtful. It is further submitted that the doctor has not ascertained the cause of death in postmortem report. From perusal of F.S.L. report, it appears that no metallic, Alkaloidal, Glycosidal, Pesticidal and Volatile poison could be detected. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.10.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madanpur P.S. Case No. 512 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar).
(Sunil Kumar Panwar, J)
Amandeep/- U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the murder case registered against him.
Arun Paswan
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
