Single judge order granting regular bail to the petitioner who is in jail since March 2012 with no criminal antecedent and the FIR is against unknown persons, relying on a weak prosecution case.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties.
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Patna High Court Cr.Misc. No.34131 of 2012 (2) dt.14-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34131 of 2012
====================================================== 1. Tinku Kumar S/O Ram Lal Yadav R/O Village - Jurabganj, P.S. Korha, District – Katihar .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under Section 392 of the Penal Code.
2 14-09-2012
The first information report is against unknown persons. The only material against the petitioner is the confessional statement of the co-accused. There is neither any recovery from the possession of the petitioner nor he has been put on test identification parade and is in jail since 30.04.2012 having no criminal antecedent and after institution of the case he has been made accused in two cases.
Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Buxar Town P.S. Case No. 226 of 2011 to the satisfaction of Sri L.K. Mishra, Judicial Magistrate, 1st Class, Buxar.
(Gopal Prasad, J)
SA/-
1 issue framed by the court
Whether the petitioner should be granted bail in the case of undisclosed offences under Section 392 of the Penal Code.
Tinku Kumar
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
