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HIGH COURT OF PATNA
Mr. Justice Sunil Kumar Panwar
RUPAN SINGH @ CHHOTAN SINGH – Appellant
Versus
The State – Respondent
CR. MISC./46540/2022
An accused is entitled to bail even in a case of murder if there are no eyewitnesses to the alleged occurrence and the accused has been in judicial custody for a significant period of time.
Headnote:
BAIL - MURDER - SECTION 302/34 IPC - SECTION 27 ARMS ACT - BAIL GRANTED - NO EYE WITNESS - PETITIONER NOT NAMED IN FIR - IMPLICATED ON BASIS OF SUSPICION - CRIMINAL ANTECEDENTS - IN CUSTODY SINCE 15.12.2021
Fact of the Case:
The petitioner was arrested and charged with murder under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was not named in the FIR and was implicated based on suspicion due to his criminal antecedents. There were no eyewitnesses to the alleged occurrence, and the petitioner had been in judicial custody since 15.12.2021.
Finding of the Court:
The court found that the petitioner was not named in the FIR and was implicated based on suspicion due to his criminal antecedents. There were no eyewitnesses to the alleged occurrence, and the petitioner had been in judicial custody since 15.12.2021. Considering these factors, the court was inclined to grant bail to the petitioner.
Issues: Whether the petitioner should be granted bail in a case of murder where he was not named in the FIR and was implicated based on suspicion due to his criminal antecedents, and there were no eyewitnesses to the alleged occurrence.
Ratio Decidendi: The court relied on the fact that the petitioner was not named in the FIR and was implicated based on suspicion due to his criminal antecedents. There were no eyewitnesses to the alleged occurrence, and the petitioner had been in judicial custody since 15.12.2021. Considering these factors, the court held that the petitioner was entitled to bail.
Final Decision: The court granted bail to the petitioner on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran, Motihari.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 46540 of 2022
Arising Out of PS. Case No.-728 Year-2020 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Rupam Singh @ Chhotan Singh Son Of Nand Kishore Singh @ Mukul Singh
R/O Village- Raghunathpur, P.S.- Raghunathpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Priyesh Kumar, Advocate
For the Opposite Party/s :
Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Learned counsel for the petitioner is permitted to
make necessary correction in the name of the petitioner in
course of the day.
Heard learned counsel for the petitioner, learned APP
for the State and perused the case diary.
The petitioner is in custody in a case registered for the
offence punishable under Sections 302/34 of the Indian Penal
Code and Section 27 of the Arms Act.
Allegedly, it is a case of murder of the husband of the
informant, namely, Ranjeet Singh.
Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He further
submits that the petitioner is not named in the FIR and only on
Patna High Court CR. MISC. No. 46540 of 2022(3) dt.11-01-2023
2/2
the basis of suspicion, petitioner was implicated in this case
because he has criminal antecedents. There is no eye witness of
the alleged occurrence and petitioner is in judicial custody since
15.12.2021.
Learned APP appearing for the State has opposed the
prayer for regular bail.
Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned CJM, East
Champaran, Motihari in connection with Motihari Town P.S.
Case No. 728 of 2020.
Brajesh Kumar/-
(Sunil Kumar Panwar, J)
U
T
