Petitioners sought bail in a murder case where they were unnamed in the FIR and implicated only through a co-accused's confession; charge sheet filed. Court granted regular bail citing custody period, clean antecedents, and submission of charge sheet.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20612 of 2024
Arising Out of PS. Case No.-423 Year-2023 Thana- PUPRI District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 20-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Pupri P.S. Case No. 423 of 2023 instituted for the offence under Sections 302, 201, 120(B) & 34 of the Indian Penal Code.
3. Prosecution case in short is that son of the informant was murdered and his dead body was lying in the duck farm of Gurudev Mukhiya. It is alleged that Gurudev Mukhiya has committed the murder of the son of the informant.
4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 30-09-2023. Petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.20612 of 2024(2) dt.20-03-2024 2/2
5. It has been further submitted by the petitioners’ counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the FIR. Name of the petitioners have transpired on the basis of confessional statement of co-accused, namely, Gurudev Mukhiya. There is no specific allegation against the petitioners. Charge sheet has already been submitted in this case under Section 304, 379 & 34 of the IPC.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, clean antecedent of the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.
8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pupri P.S. Case No. 423 of 2023.
(Rudra Prakash Mishra, J)
Raj kishore/- U T
1 issue framed by the court
Whether the petitioners, not named in the FIR and implicated via a co-accused's confessional statement, should be released on bail in a murder case.
1 provisions across 1 enactments
Bittu Sada
Lalu Sada
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
