SURESH PANDIT v. THE STATE OF BIHAR
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 120B, 302, 406, 420
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Prakash Mahto, Adv. Mr.Narendra Kumar Singh, APP. 5 09-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
#2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 420, 120B, 406 of the Indian Penal Code.
#3. Allegedly, petitioner is said to have committed murder of the maternal grand daughter of the informant.
#4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that the viscera report as well as the postmortem report of the deceased does Patna High Court CR. MISC. No.47559 of 2023(5) dt.09-01-2024 not support the prosecution case. The name of the petitioner has been transpired in the present case only with a view to grab the alleged property of the petitioner. He has no criminal antecedent as mentioned in para-3 of this application.
#5. Learned APP for the State opposed the prayer for bail.
#6. Having regard to the facts and circumstances of the case, as the viscera report as well as the postmortem report of the deceased does not support the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barhat P.S. Case No. 27 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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