The Patna High Court granted bail to petitioners in a serious offense case involving robbery and explosions. The court ordered release upon furnishing a bond and two sureties, noting similar cases for co-accused where bail was previously granted.
Petitioners released on bail on furnishing bond of Rs.10,000 with two sureties.
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.
Patna High Court Cr.Misc. No.7517 of 2013 (7) dt.12-07-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7517 of 2013
====================================================== 1. Sheonandan Paswan S/O Late Janki Paswan Resident Of VillageDhangai, Police Station- Barachatti, District- Gaya 2. Niru Yadav @ Niru Kumar S/O Late Lila Yadav Resident Of VillageJhanjhi, Police Station- Barachatti, District- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 7 12-07-2013 Heard learned counsel for the petitioners and the State. The petitioners are languishing in custody since 05.11..2012 and 21.12.2012 respectively in a case registered for the offences punishable under sections 147, 148, 149, 307, 452, 427, 436 and 380 of the Indian Penal Code, sections 3,4,5 of the Explosive Substances Act, section 17 of the Criminal Law Amendment Act and sections 16,18, 20 of the Prevention of Unlawful Activities Act.
It is alleged that the informant’s house was robbed of by 21 F.I.R. named accused persons when the bomb was exploaded.
Patna High Court Cr.Misc. No.7517 of 2013 (7) dt.12-07-2013
It is submitted by the learned counsel for the petitioners that accusation is not specific against the petitioners when other similarly situated accused persons have been granted bail by orders dated 5.5.2011 and 27.09.2011 vide Criminal Misc. Nos. 8516 of 2011 and 30982 of 2011 respectively. A supplementary affidavit has been filed on behalf of the petitioners in which it has been stated that petitioner no. 1 has no criminal antecedent whereas there are seven cases against petitioner no. 2 out of which in five cases he is on bail.
Considering the aforesaid facts and that the other similarly situated accused persons have been granted bail, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Sherghati at Gaya in connection with Barachatti P.S. Case No. 102 of 2010.
It goes without saying that the learned court below will be at liberty to cancel the bail bonds of the petitioners in case the petitioners are found involved in substantially similar offence or defaults on three consecutive occasions.
(Dinesh Kumar Singh, J)
Amin/-
1 issue framed by the court
Whether petitioners should be released on bail considering they are similarly situated to other accused already granted bail.
4 provisions across 4 enactments
SHEONANDAN PASWAN
NIRU YADAV
THE STATE OF BIHAR
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
