In a criminal bail application, the Patna High Court released the petitioner on bail following arguments regarding the lack of evidence against him and the plea of a co-accused already being granted bail.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000/ with two sureties.
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.11832 of 2013 (3) dt.18-09-2013
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11832 of 2013
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1. Rajeev Kumar S/O Lalkeshwar Rabidas Resident Of Village- Madhua
Chak (Barauna), P.S.- Hashua, District- Nawada
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
03/ 18.09.2013 Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State.
On 28.10.2012, dead body of one unknown person was recovered. In course of investigation, it came to light that one Subodh Kumar had given a written report to the Officer-in-charge of Roh police station disclosing this fact that his nephew, namely, Kanhiya Kumar was taken away by the petitioner and one Pintu Kumar Verma and later on, he came to know that his nephew, namely, Kanhiya Kumar was killed.
Learned counsel for the petitioner submits that except confessional statement as well as suspicion, there is nothing against the petitioner and moreover, co–accused Pintu Kumar Verma and some others have already been granted privilege of bail by different benches of this court.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like
Patna High Court Cr.Misc. No.11832 of 2013 (3) dt.18-09-2013
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amount each to the satisfaction of the Chief Judicial Magistrate,
Nawada in Roh P.S. Case no. 99/2012.
shahid
(Hemant Kumar Srivastava,J)
1 issue framed by the court
Whether the petitioner is entitled to bail despite the recovery of the dead body of an unknown person and allegations of involvement in the killing.
1 provisions across 1 enactments
Rajeev Kumar
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
