Petitioner, arrested in a murder case, sought bail citing lack of evidence and alleged false implication. Court allowed bail against the State after hearing both sides, releasing him on bond with sureties.
Petitioner released on bail by furnishing bonds of Rs. 10,000 each with two sureties of the same amount to the Additional Sessions Judge, Bhabua.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9474 of 2023
Arising Out of PS. Case No.-43 Year-2022 Thana- ADHAOURA District- Kaimur (Bhabua)
======================================================
Om Prakash Singh S/O Shivdat Singh R/V- Keshraura Kala, P.S. - Adhoura, District- Kaimur At Bhabua
| The State of Bihar =================== |
Versus =================== |
... ... Petitioner/s ... ... Opposite Party/s ================ |
|---|---|---|
| Appearance : For the Petitioner/s : For the Opposite Party/s : =================== |
Mr.Tribhuwan Narayan Mr.Rajesh Kumar =================== |
================ |
| CORAM: HONOURABL | E MR. JUSTICE SUNIL ORAL ORDER |
KUMAR PANWAR |
3 26-06-2023
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
It is a case of commission of murder of the
brother of the informant.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely
been implicated in this case. The informant is not the
eye witness to the occurrence and only on the basis of suspicion, the present F.I.R has been lodged. It is
further submitted that co-accused Mahabir Singh has
Patna High Court CR. MISC. No.9474 of 2023(3) dt.26-06-2023 2/2
confessed his guilt. There is no substantial material evidence has come during investigation against the petitioner. The petitioner is languishing in custody since 28.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Bhabua in connection with Adhoura P.S. Case
No. 43 of 2022.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case where no substantial evidence exists against him and he has no criminal antecedent.
1 provisions across 1 enactments
Om Prakash Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
