Oral order granting bail to a petitioner falsely implicated in a murder case involving Sections 302, 120B, and 34 IPC, noting lack of eyewitness and delay in FIR.
Petitioner released on bail with bond of Rs. 10,000 and two sureties to the satisfaction of S.D.J.M., East Muzaffarpur.
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.13855 of 2024
Arising Out of PS. Case No.-155 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur
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Uday Kumar S/O Raghunath Bhagat @ Raghunath Prasad R/O VillagePaigambarpur, P.S.- Siwaipatti, Dist.- Muzaffarpur.
... ... Petitioner/s
| The State of Bihar =================== |
Versus =================== |
... ... Opposite Party/s ================ |
|---|---|---|
| Appearance : |
||
| For the Petitioner/s : For the Opposite Party/s : =================== |
Mrs. Soni Srivastava Sarandha Suman Mrs.Pushpa Sinha =================== |
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
offence under Sections 302/120B/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.13855 of 2024(3) dt.19-04-2024 2/2
daughter of the petitioner, as per mobile tower location. Save & except this, there is no other direct or indirect evidence against the petitioner to show his complicity in the alleged occurrence. Similarly situated co-accused Shyam Kumar Kushwaha has already been granted anticipatory bail by this Court, vide order dated 16.04.2024 passed in Cr.Misc. No. 9885 of 2024. Petitioner has got clean antecedent and is in custody since 22.11.2023. Chargesheet has been submitted.
anay
U T
(Prabhat Kumar Singh, J)
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving murder charge where only circumstantial evidence exists.
The impact of the victim falling from a roof and the delay in lodging the FIR on the bail application.
1 provisions across 1 enactments
Uday Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
