The court granted bail to an 65-year-old petitioner falsely implicated in a murder case, noting that similarly situated co-accused had already been released on anticipatory bail by a co-ordinate bench.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.76198 of 2023
Arising Out of PS. Case No.-485 Year-2022 Thana- DESARI District- Vaishali
====================================================== PARWATI DEVI WIFE OF HARILAL PASWAN RESIDENT OF VILLAGE- TALHA MUMSAEI, PS- DESARI, (SAHDEI OP), DISTTVAISHALI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rina Sinha For the Opposite Party/s : Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 02-12-2023
Heard learned counsel appearing on behalf
of the parties.
Patna High Court CR. MISC. No.76198 of 2023(2) dt.02-12-2023 2/2
is living separately having no concern with the alleged occurrence. He has further submitted that there is no specific allegation is against this petitioner, where, specific allegation is against the husband of the deceased. He has further submitted that petitioner is in custody since 22.05.2023. He has further submitted that similarly situated co-accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 24.08.2023 passed in Cr. Misc. No. 44156 of 2023.
(Ramesh Chand Malviya, J)
S.Katyayan/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner who claims false implication and similar co-accused have been granted anticipatory bail.
Whether the petitioner, an elderly person, satisfies conditions for bail in a murder case.
Whether the State's opposition can be overridden by the fact that similarly situated co-accused have been released on bail.
1 provisions across 1 enactments
PARWATI DEVI WIFE OF HARILAL PASWAN
The State of Bihar
RAMESH CHAND MALVIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
