The High Court of Patna released the petitioner on bail in a criminal matter where he was identified based on a witness statement but not named in the FIR, despite having criminal antecedents.
Released on bail on furnishing a bond of Rs 10,000 with two sureties of the like amount to the CJM, Begusarai.
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.
Patna High Court Cr.Misc. No.11460 of 2013 (4) dt.13-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11460 of 2013
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1. Mahendra Singh S/O Deo Narayan Singh Resident of Village Allouli,
P.S. Allouli in The District Of Khagaria.
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
04/ 13.09.2013 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
Petitioner is not named in the first information report but in course of investigation, one witness, namely, Amardeep Rai at para 85 of the case diary stated that someone of village Allouli district Khagaria used to talk through his looted mobile. On the basis of the aforesaid statement, petitioner who happens to be resident of village Allouli district Khagaria remanded in this case from another case. Petitioner carries criminal antecedent of two cases and except the aforesaid material, there appears to be nothing against the petitioner.
Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Cheria Bariarpur (Manjhaul) P.S. Case no. 37/2011.
shahid
(Hemant Kumar Srivastava,J)
1 issue framed by the court
Whether the petitioner ought to be released on bail when he is not named in the FIR but identified during investigation with antecedent records?
Mahendra Singh
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
