Single bench of the High Court at Patna dispose of two criminal miscellaneous applications. The court releases accused on bail in a dacoity case despite absence from FIR and no recovery of articles.
Released on bail on furnishing bonds of Rs. 10,000 each with two sureties to the satisfaction of the C.J.M., Araria.
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 Cr.Misc. No.3684 of 2009
AMOD YADAV S/O RAGHU YADAV, R/O VILLAGE- KUPARI, P.S.- RANIGANJ, DISTRICT- ARARIA
Versus STATE OF BIHAR with
Cr.Misc. No.14575 of 2009
SUSHIL KUMAR YADAV S/O JHAMELI YADAV, R/O VILLAGE- CHAKARDAHA, P.S.NARPATGANJ,DISTRICT- ARARIA
Versus STATE OF BIHAR
----------3 16/04/2009 Above noted applications arising out of one occurrence i.e. Narpatganj P.S. Case No. 142 of 2008 have
been heard together and are being disposed of by this common order.
The petitioners are accused of a case which has been registered under sections 395 and 397 of the Indian Penal Code.
According to the allegation, six armed dacoits have
looted one Gramin Bank.
Submission is that though the petitioners are not named in the FIR but they have not been put on test identification parade. There is no recovery of looted articles
from the possession of the petitioners. Except the confessional statement before the police there is no material against the petitioners.
Considering the facts and circumstances of the case, the petitioners above named of both the cases are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/-
(ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Araria in connection with Narpatganj P.S. Case No. 142 of 2008.
avin
(Shyam Kishore Sharma, J.)
2 issues framed by the court
Whether accused can claim bail despite not being named in FIR and lack of recovery.
Whether test identification parade and lack thereof affect bail.
2 provisions across 1 enactments
Amod Yadav
Sushil Kumar Yadav
State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
