Allowed

Pappu Musahar @ Sunil Musahar v. The State Of Bihar

Patna HC16 Jan 2013CR. MISC./47451/2012

Case brief

AI extract

What is this about?

Single judge order granting regular bail to the petitioner charged under sections 395, 397, 412 and 413 IPC. Court noted lack of recovery, absence of TID parade, and reliance only on inadmissible police confessional statement of co-accused. Bail granted subject to conditions.

What did the court decide?

Release on bail with bond of Rs.10,000 and two sureties, subject to affidavit regarding no criminal antecedent.

Pappu Musahar @ Sunil Musahar Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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Patna High Court Cr.Misc. No.47451 of 2012 (2) dt.16-01-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 47451 of 2012

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====================================================== Pappu Musahar @ Sunil Musahar, Son of Natta Musahar, Resident of Village-Chilhar, P.S.- Itadhi, District- Buxar, At Present Village - Sirisiyan, P.S.- Karagahar, District- Rohtas

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.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
2 16-01-2013 Heard learned counsel for the petitioner and learned counsel for
the State.
This is a petition for grant of regular bail in a case under
Sections 395, 397, 412 and 413 of the Indian Penal Code.
The petitioner has not been named in the First Information
Report.
Learned counsel for the petitioner submits that neither there is
any recovery from the possession of the petitioner nor the petitioner has
been put on Test Identification Parade. He further submits that the only
material against the petitioner is the confessional statement of the co-
accused which is not admissible in evidence as the said statement has
been made before the police.
Learned counsel for the State pointed out that in paragraph nos.
10, 18, 21, 22 and 23 of the case diary the name of the petitioner has
been mentioned.
Learned counsel for the petitioner also submits that the petitioner
has no criminal antecedent and the other co-accused having similarly

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Patna High Court Cr.Misc. No.47451 of 2012 (2) dt.16-01-2013

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situated have been granted bail by a Bench of this Court.

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Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered 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 learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar (Baddi) P. S. Case No. 46 of 2011, subject to the condition that one of the bailors shall be the near relative of the petitioner who will file affidavit to the effect that the petitioner has no criminal antecedent which fact should be verified by the learned court below and thereafter the petitioner be released on bail.

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(Gopal Prasad, J.)

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Kundan/-

Pappu Musahar @ Sunil Musahar v. The State Of Bihar

Case brief

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What did the court decide?

Pappu Musahar @ Sunil Musahar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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