The court allowed a bail petition in a case involving Section 396 IPC and Arms Act. The petitioner was not in the FIR initially, facing only suspicion from witness statements, while a co-accused had already been granted bail.
Petitioner directed to be released on bail with a bond of Rs. 10,000 and two sureties, one being a parent or close relative.
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.34493 of 2013
===================================================== Shambhu Paswan, son of Kishuni Paswan, resident of village-Kanti Ghosee Tola, P.S. Kanti, District-Muzaffarpur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 4 09-04-2014 Heard learned counsel for the petitioner and the
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Meenapur P.S. Case No.50 of 2012 registered under Section 396 of the Indian Penal Code besides Section 27 of the Arms Act,.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner has come in the confessional statement of the co-accused, Deep Lal Sahani, and, thereafter, the police also got the statement of the petitioner recorded and, later on, the witnesses in paragraphs-48, 49 and 50 of the case diary only raised suspicion against the co-accused, Bhikhari Sahni, and this petitioner about their involvement in the commission of the alleged offence. Except that, there is nothing against the petitioner to connect him in the commission of the
Patna High Court Cr.Misc. No.34493 of 2013 (4) dt.09-04-2014 2/2
alleged offence and the petitioner is in custody since 31.3.2013. It is further submitted that the co-accused, Bhikhari Sahni, has already been granted bail by a Bench of this Court vide order dated 7.10.2013 passed in Criminal Misc. No.27491 of 2013.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Chief Judicial Magistrate, Muzaffarpur, in connection with Meenapur P.S. Case No.50 of 2012. Out of the two sureties, one must be either parents or close relative of the petitioner.
(Rajendra Kumar Mishra, J)
P.S./-
1 issue framed by the court
Whether the petitioner should be released on bail given the lack of direct connection in the FIR and prior bail of a co-accused.
2 provisions across 1 enactments
Shambhu Paswan
State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
