In a criminal miscellaneous matter, the Patna High Court granted bail to a petitioner arrested in an IPC case after counsel submitted that prior material was inadmissible and co-accused had been released.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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Patna High Court Cr.Misc. No.48793 of 2012 (3) dt.24-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48793 of 2012
====================================================== Amarjeet Pandey @ Amarjeet Kr. Pandey, S/o Shri Tejmani Pandey, R/o Village- Pura, P.S. Barh, District- Patna.
.... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 24-04-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Daudpur P.S. Case No. 107 of 2011 registered under Sections 302 and 201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that F.I.R. is against unknown. It is further submitted that earlier bail petition of the petitioner was rejected on the ground that there is material against the petitioner in paragraphs 54, 59, 66 and 78 of the case diary. It is submitted that this material of confessional statement of the petitioner and other statement made by other accused persons are not admissible in this case. It is further submitted that co-accused Ram Pravesh Sah and Santu Kumar Singh having similar allegation have been granted bail by this Court in Cr. Misc.No. 22120 of 2012 and Cr. Misc. 5966 of 2012 and the case of the petitioner is on similar footing.
Having regard to the facts and circumstances of the case,
Patna High Court Cr.Misc. No.48793 of 2012 (3) dt.24-04-2013
the above named petitioner is directed 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, Saran at Chapra, in connection with Daudpur P.S. Case No. 107 of 2011.
m.p. (Gopal Prasad, J)
1 issue framed by the court
Whether bail should be granted to the petitioner who was refused earlier bail due to alleged material in the case diary.
1 provisions across 1 enactments
Amarjeet Pandey
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
