In an appeal against denial of bail, the Patna High Court released the petitioner on bail in a theft case pending at Buxar Police Station, directing furnishing of bonds and sureties.
Petitioner directed to be released on bail on furnishing bonds of Rs.10,000 with two sureties of the like amount each.
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.21632 of 2013
====================================================== Sheo Sagar Choudhary, S/o Janardan Choudhary, resident of mohallaBudhanpurba, P.S.-Buxar (Nagar), District-Buxar.
.... .... Petitioner/s Versus The State Of Bihar .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
2. 16-05-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Informant, Rakesh Kumar had fallen pray at the hands of criminal who took away his motorcycle while he was in a way to his house.
Contention on behalf of the petitioner is that the police only to cover their own lapses, apprehended the petitioner and to justify the same, got the inculpatory extra judicial confessional statement on record. From the order impugned, it is evident that no corroborative link has been traced out by the police on the basis of inculpatory confessional statement of the petitioner. Also submitted that he happens to be under custody since 28.03.2013 having no criminal antecedent.
At the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that investigation is at nascent stage.
In the aforesaid facts and circumstances of the case,
Patna High Court Cr.Misc. No.21632 of 2013 (2) dt.16-05-2013
2
petitioner Sheo Sagar Choudhary 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, Buxar in connection with Buxar (Industrial) P.S. Case No.38/2013.
(Aditya Kumar Trivedi, J)
PN/-
2 issues framed by the court
Whether the petitioner entitled to be released on bail when investigation is at nascent stage and police relies on inculpatory confessional statement without corroborative links.
Whether release on bail is necessary poverty-stricken petitioner who is under custody since 28.03.2013 having no criminal antecedent.
Sheo Sagar Choudhary
The State Of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
