Oral order granting bail to the petitioner in a criminal case involving Section 392 IPC. The court noted the petitioner was not named in the FIR, had not undergone T.I.P., and material against him was only his confession.
Petitioner to be released on bail on furnishing bond of Rs. 5,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32614 of 2014
Arising Out of PS.Case No. -121 Year- 2013 Thana -KARPI District- JEHANABAD
====================================================== Basant Kumar @ Nepali S/O Tapeshwar Singh R/O Vill- Purhara, P.S.Haspura, Distt.- Aurangabad. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 2 24-09-2014 Heard.
The petitioner is not named in the First Information Report of the case under Section 392 of the Indian Penal Code and in spite of being in custody since 08.06.2014, he was not put on Test Identification Parade. Nothing has been recovered from his possession a well. The material against the petitioner upon which his prayer for bail was rejected was his own confession before the police.
Considering the facts aforesaid, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jehanabad in connection with Karpi (Sahar Telpa O.P.) P.S. Case No. 121 of 2013.
(Dharnidhar Jha, J.)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner, not named in the FIR and not subjected to T.I.P., should be granted bail given his custody and sole reliance on confession.
1 provisions across 1 enactments
Basant Kumar @ Nepali
The State of Bihar
DHARNIDHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
