The Patna High Court allowed the petitioner's bail application, ruling that he be released on bail by furnishing surety bonds of Rs.10,000 each with two sureties, in a case involving a missing driver.
Petitioner directed to be released on bail on furnishing bonds of Rs.10,000/- each with two sureties.
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Patna High Court Cr.Misc. No.20518 of 2013 (2) dt.10-05-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20518 of 2013
====================================================== Niraj Kumar Singh @ Neeraj Singh, son of Late Badu Singh @ Ashok Singh, resident of village-Sahiya, Police Station-Wazirganj, District-Gaya. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 10-05-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Complainant / informant’s brother Ashok Kumar who was driver engaged under Firdous Alam had gone to Kolkata along with the passengers and since thereafter his whereabout is not identified.
It has been submitted on behalf of petitioner that in the complaint petition there happens to be stray allegation levelled against the petitioner without having interlinked with the occurrence so alleged. From the order impugned, it is evident that charge sheet had already been submitted and save and except socalled extra judicial confessional statement of petitioner, nothing more remains. Also submitted that vehicle had already been seized by the police from the Kolkata. It has further been submitted that petitioner happens to be under custody since 14.09.2012. It has further been submitted that petitioner’s prayer was rejected simply
Patna High Court Cr.Misc. No.20518 of 2013 (2) dt.10-05-2013
on the ground of criminal antecedent.
At the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that instant case happens to be based on circumstantial evidence and as per order impugned confession of accused petitioner is suggestive of the fact that certain links is found to be visible with the commission of the crime.
Taking into account the totality of the event petitioner, namely, Niraj Kumar Singh @ Neeraj Singh is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Civil Line P.S. Case No.146/2011.
(Aditya Kumar Trivedi, J.)
PN/-
1 issue framed by the court
Whether the petitioner is entitled to be released on bail despite criminal antecedents.
Niraj Kumar Singh @ Neeraj Singh
The State Of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
