The High Court at Patna granted bail to petitioners accused in a murder case. The court considered their inclusion in the FIR only after investigation began, lack of direct eyewitnesses, and clean antecedents as grounds for release.
Petitioners released on bail by furnishing bond of Rs. 10,000/- with two sureties of equal 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.65147 of 2023
Arising Out of PS. Case No.-28 Year-2023 Thana- BALIA BELON District- Katihar
======================================================
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
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with CRIMINAL MISCELLANEOUS No. 68424 of 2023
Arising Out of PS. Case No.-28 Year-2023 Thana- BALIA BELON District- Katihar
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MD. SALAM @ SALAM Son of Md. Sarfuddin R/o vill - Naudiyar, Pelapur, P.S. - Balia Belon, Distt. - Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 65147 of 2023) For the Petitioner/s : Mr.Ajit Kumar Singh, Adv. For the Informant : Mr. Sanjay Kumar Sinha, Adv. For the State : Mr.Madan Kumar, A.P.P. (In CRIMINAL MISCELLANEOUS No. 68424 of 2023) For the Petitioner/s : Mr.Ajit Kumar Singh, Adv. For the Informant : Mr. Sanjay Kumar Sinha, Adv. For the State : Mr.Madan Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
Baliya Belon P.S. Case No. 28 of 2023 registered for the offences punishable under Sections 302, 307, 120B/34 of the
Patna High Court CR. MISC. No.65147 of 2023(3) dt.09-01-2024 2/4
Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.65147 of 2023(3) dt.09-01-2024 3/4
likelihood of tampering with the prosecution evidence.
counsel for the informant vehemently opposed the prayer for bail of the petitioners as they also participated in the alleged occurrence.
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive
Patna High Court CR. MISC. No.65147 of 2023(3) dt.09-01-2024 4/4
dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioners tamper with the evidence or
the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
alok/-
U T
2 issues framed by the court
Whether the petitioners, not named in the initial FIR, are entitled to bail in a murder case pending charge sheet.
If bail should be granted considering the lack of direct eyewitness testimony and the bail already granted to a co-accused.
2 provisions across 2 enactments
Md. Naquib @ Naqeeb
Md. Jilani
Md. Salam
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
