Single judge granted regular bail to the petitioner charged with murder and offences under Arms Act. The petitioner, languishing in custody since December 2021, was directed to furnish a bail bond with two sureties.
Petitioner enlarged on bail in PS. Case No.-102 of 2019 on furnishing bail 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.8770 of 2023
Arising Out of PS. Case No.-102 Year-2019 Thana- PALI District- Jehanabad
======================================================
Bineshwar Yadav S/O Late Dhupan Yadav Resident Of Village- Nonia Bigha, P.S.- Dhanarua, District- Patna.
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 19-04-2023
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 302/34 of the Indian Penal Code and Section 27 of Arms Act.
As per allegation in the FIR, 3-4 miscreants allegedly fired upon the brother of the informant, while he was returning his house after closing his flour mill. It is further submitted that some miscreants also fired
upon the Bhagina of informant. Both persons (brother and bhagina of informant) succumbed to injuries.
Patna High Court CR. MISC. No.8770 of 2023(2) dt.19-04-2023 2/3
It is submitted by learned counsel for the
petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. The
name of petitioner sprang up in this case on the confessional statement of co-accused Sanjay Yadav, who has already been granted bail vide order dated 02.07.2021, passed in Cr. Misc. No. 86693 of 2019 by the co-ordinate Bench of this Court. Moreover, the petitioner is languishing in judicial custody since 15.12.2021.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties
and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on
Patna High Court CR. MISC. No.8770 of 2023(2) dt.19-04-2023 3/3
bail in connection with Pali P.S. Case No. 102 of 2019 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. I, Jehanabad.
(Sunil Kumar Panwar, J)
nirajkrs/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on regular bail in a case involving offences under Section 302 IPC and Section 27 Arms Act.
2 provisions across 2 enactments
Bineshwar Yadav
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
