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Supreme Court of India 2022-01-25 allowed

Sunil Kumar vs State of Bihar and Anr

Bench: 2 — M.R. Shah

In Brief

A man accused of murdering his brother was released on bail by the Patna High Court. The Supreme Court set aside this order, holding that the High Court failed to assign reasoned grounds and ignored critical factors. The accused was a history-sheeter involved in multiple serious crimes (including the alleged murder of the informant's father), and posed a threat to witnesses in ongoing trials. The Court emphasized that bail orders in murder cases require detailed reasoning addressing the offence's gravity, the accused's criminal record, impact on witnesses, and flight risk. The doctrine of parity cannot mechanically grant bail to a history-sheeter merely because a co-accused with different circumstances received it.

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Criminal Procedure Bail Murder Judicial Discretion Criminal Antecedents

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