Hearing a criminal bail application under Sections 395, 397, and 412 IPC, the High Court ordered the petitioner's release on bail pending prosecution after noting he had been in custody since late 2013.
Petitioner released on bail on furnishing bonds of Rs. 10,000/- with two sureties to the satisfaction of C.J.M., Gaya.
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.26131 of 2014
Arising Out of PS.Case No. -519 Year- 2013 Thana -WAJIRGANJ District- GAYA ====================================================== Shambhu Kumar son of Sheo Narayan Yadav, resident of village – Rasune, – Rasune, Rasune, P.S. Moffasil, district – Gaya. – Gaya. Gaya. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ======================================================
====================================================== Shambhu Kumar son of Sheo Narayan Yadav, resident of village – Rasune, – Rasune, Rasune, P.S. Moffasil, district – Gaya. – Gaya. Gaya.
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
The petitioner, who is in custody since 18.11.2013 is being prosecuted under Sections 395, 397 and 412 of the Indian Penal Code.
According to the prosecution case one truck was intercepted by miscreants who were travelling in a Tata Sumo Car. The truck was stopped and the driver was divested of his belongings. During the course of investigation one Bablu Kumar and Umesh Kumar were arrested with the money and in their confessional statement they took the name of the petitioner. Petitioner is said to have also confessed his guilt.
Patna High Court Cr.Misc. No.26131 of 2014 (2) dt.25-06-2014
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Considering the fact that the name of the petitioner transpired in the confessional statement of co-accused and he has not been put on T.I. Parade even though he is in custody since , let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 519 of 2013.
(Ashutosh Kumar, J)
Jagdish/U T
1 issue framed by the court
Whether the petitioner should be released on bail considering his custody since November 2013 and the emergence of his name in a co-accused's confessional statement without a T.I. Parade.
Shambhu Kumar
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
