In an original criminal bail petition, the High Court of Patna held that the petitioner is falsely implicated and directed his release on bail.
Release on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the Additional District Judge, Aurangabad, subject to physical presence in trial court.
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.32385 of 2012
====================================================== Ramashish Yadav, Son of Jhapasi Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 02-04-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary.
The petitioner, who is languishing in custody, seeks bail in a case registered under Sections 147, 148, 149, 307, 353 of the Indian Penal Code, 27 of the Arms Act and 17 of the Criminal Law Amendment Act. In this case, instituted against unknown, petitioner’s name appears emerging during investigation.
Submission is of false implication without any material and for the reasons best known to the prosecution agencies while the petitioner was in custody in connection with another case in the year 1999 itself the production warrant appears served upon the jail authorities (vide paragraph – 108 of the case diary), but the petitioner was never produced before the court and he was unaware and subsequently he has been apprehended and is in custody since 08.12.2011. Further, the petitioner carries three criminal cases against, wherein, he is on bail .
If it is so , having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Adoc Additional District
Patna High Court Cr.Misc. No.32385 of 2012 (4) dt.02-04-2013
2
Judge, Aurangabad, in connection with Deokund (Uphara) P.S. Case No. 16 of 1999 (Sessions Trial No. 11213/2003/20/2012), subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled.
(Akhilesh Chandra, J)
Praveen-II/-
1 issue framed by the court
Whether bail should be granted to the petitioner in custody under Sections 147, 148, 149, 307, 353 IPC, 27 Arms Act and 17 Criminal Law Amendment Act.
3 provisions across 3 enactments
Ramashish Yadav
The State Of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Akhilesh Chandra
Parties & counsel
