The Patna High Court granted regular bail to the petitioner, an accused in a 302/120(B) IPC murder case, considering his innocence plea, pending daughter's marriage, and lack of eyewitness testimony, directing bond verification for the marriage date.
Petitioner to be enlarged on bail on a Rs. 10,000 bond 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.5662 of 2023
Arising Out of PS. Case No.-165 Year-2022 Thana- SULTANGANJ District- Bhagalpur
======================================================
Santosh Kumar Son Of Raju Singh @ Raj Kumar Nirala Resident Of Mohalla- Asiyachak Navintola, P.S.- Sultanganj, District- Bhagalpur
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pallavi Pandey For the Opposite Party/s : Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 02-03-2023
The present petition has been taken up out of
turn since the solemnization of marriage of petitioner’s daughter is going to be held on 13.03.2023.
Heard learned counsel for the petitioner and
learned APP for the State .
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/120(B) of the Indian Penal Code.
The per allegation in F.I.R, petitioner along with
other co-accused persons committed murder of informant’s brother, Narayan Yadav, by pressing his
Patna High Court CR. MISC. No.5662 of 2023(2) dt.02-03-2023 2/3
neck with towel.
It is submitted by learned counsel for the
petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific overt act of allegation against the petitioner. The
main allegation of committing murder is against Mithilesh Kumar and Rakesh Kumar Bind. There is no eye witness of the alleged offence. It is also submitted that petitioner is languishing in judicial custody since 5.9.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
It is further submitted by learned counsel for
the petitioner that his daughter’s marriage is going to be solemnized on 13.03.2023.
Learned APP appearing for the State has
vehemently opposed the prayer for Bail and submitted that from the perusal of the impugned order, it appears that the cause of death was due to asphyxia and venous congestion due to antemortem ligature strangulation.
Patna High Court CR. MISC. No.5662 of 2023(2) dt.02-03-2023 3/3
Having heard learned counsel for the parties
and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection
with Sultanganj P.S. Case No. 165 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 the learned A.C.J.M. 1st , Bhagalpur.
Learned trial Court is directed to verify the marriage date of the petitioner’s daughter before accepting the bail bond.
(Sunil Kumar Panwar, J)
1 issue framed by the court
Whether the petitioner deserves grant of bail while balancing the alleged heinousness of murder with his pending marriage and lack of specific overt acts against him.
1 provisions across 1 enactments
Santosh Kumar
The State Of Bihar
Sunil Kumar Panwar
J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
