Single judge order granting bail to a petitioner accused of murder under Sections 302/34 IPC, relying on the release of a similarly situated co-accused by a coordinate bench.
Petitioner released on bail on bond of Rs.10,000 with two sureties of like amount each subject to specific conditions.
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.80143 of 2023
Arising Out of PS. Case No.-501 Year-2022 Thana- KOTWA District- East Champaran
======================================================
VIJAY DAS S/O CHANAR DAS R/O VILLAGE- MACHHARGAWAN, P.S- KOTWA, DISTT.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhurendra Kumar For the Opposite Party/s : Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 20-12-2023 Heard learned counsel appearing on behalf
of the parties.
Patna High Court CR. MISC. No.80143 of 2023(2) dt.20-12-2023 2/3
accused person has already been granted bail by one of the learned co-ordinate Bench of this Court vide order dated 22.08.2023 passed in Cr. Misc. No.30539 of 2023. It is further submitted that the petitioner is a man of clean antecedent and he is in custody since 08.09.2023.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond
Patna High Court CR. MISC. No.80143 of 2023(2) dt.20-12-2023 3/3
by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Ramesh Chand Malviya, J)
S.Katyayan/Mayank/-
U T
1 issue framed by the court
Whether the petitioner, accused in a murder case, is entitled to bail considering similarly situated co-accused have been released.
1 provisions across 1 enactments
Vijay Das
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
