A single-judge bench of the Patna High Court granted bail to the petitioner in a case involving sections 328, 307, 395, 397 IPC and Arms Act, directing a bond of Rs. 10,000 with two sureties.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.1980 of 2014
====================================================== 1. Ramji Mishra @ Ramaji Mishra son of Late Sigasan Mishra, Resident of Village- Ladhi Bazar, Police Station - Goriakothi, District - Siwan. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghwendra Kumar, Advocate For the Opposite Party/s : Mr. Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 19-02-2014 Heard learned counsel for the petitioner and learned counsel for the State. The case under sections 328, 307, 395 and 397 of the Indian Penal Code and section 27 of the Arms Act has been registered against unknown.
Submission is that the petitioner is neither named in the FIR nor he has been arrested on the spot. No incriminating article was recovered from his conscious possession. His name has surfaced on the basis of apprehended accused Ripu Srivastava. Even in confession it has been stated that looted articles were kept in the godown of the petitioner. The godown was on rent. The petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, the petitioner named above is directed to be released on bail on
Patna High Court Cr.Misc. No.1980 of 2014 (2) dt.19-02-2014
2
furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court, East Champaran, Motihari in Pipara P.S. Case No. 202 of 2013.
(Shyam Kishore Sharma, J) Md.S./-
1 issue framed by the court
Whether the petitioner should be released on bail considering he is not named in the FIR and arrested sans procurement.
Ramji Mishra @ Ramaji Mishra
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
