Single judge order granting bail to petitioner in criminal trial involving IPC and Arms Act charges, directing release on surety bond with specific attendance and no-arrest conditions.
Release on bail on furnishing bond of Rs. 10,000 with two sureties of similar amount satisfying statutory conditions.
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 Criminal Miscellaneous No.14637 of 2013
| ====================================================== Kanchan Paswan @ Kanchan Kumar S/O Kamal Paswan @ Kamli Paswan Resident Of Village- Gachhi Tola, P.S.- Nagar, Distt.- Begusarai .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== |
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| Appearance : For the Petitioner/s : Dr. Amrendra Kumar, Adv. For the Opposite Party/s : Mr. Z. Hoda, A.P.P. ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER |
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| 3 | 03-10-2013 Heard learned counsel for the parties. |
| Having regard to the fact that the involvement of the | |
| petitioner as of now for an offence under sections 302/394/34 | |
| I.P.C. and 27 of the Arms Act is based only on confession of a co- | |
| accused Supari Sah from whom actually motorcycle snatched away from the deceased was recovered, this Court would direct for |
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| the petitioner, Kanchan Paswan @ Kanchan Kumar, to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Birpur P.S.Case No. 90/2012, |
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| subject to the following conditions: |
(i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative.
(ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would
Patna High Court Cr.Misc. No.14637 of 2013 (3) dt.03-10-2013
2
automatically entail the consequences of cancellation of his bail.
(iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail.
(Mihir Kumar Jha, J)
surendra/-
2 issues framed by the court
Whether the petitioner entitled to bail pending trial in case based on confession of co-accused
What conditions should be imposed for granting bail to the petitioner
2 provisions across 2 enactments
Kanchan Paswan @ Kanchan Kumar
The State Of Bihar
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
