This court disposed of two criminal miscellaneous petitions by enlarging the petitioners on bail in a case involving communal riots and attempted murder. Justice Prabhath Kumar Jha granted bail requiring a bond of Rs. 10,000 each with sureties.
Petitioners enlarged on bail to furnish bonds of Rs. 10,000 each with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41470 of 2014
Arising Out of PS.Case No. -35 Year- 2013 Thana -KHUDWAN District- AURANGABAD ====================================================== 1. Sridhar Pathak Son of Late Bhudeo Pathak Resident of Village - Temura, Police Station - Parthu, Distt. - Aurangabad. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.41505 of 2014 Arising Out of PS.Case No. -35 Year- 2013 Thana -KHUDWAN District- AURANGABAD ====================================================== 1. Kapil Yadav Son of Sivbarat Yadav @ Bipat Yadav Resident of VillageLahasa, P.S.-Khudwan, District-Aurangabad. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.41470 of 2014) For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anant Kumar(App) (In Cr.Misc. No.41505 of 2014) For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 19-11-2014 Heard both sides. Since both the cases have arisen out of one occurrence, they are being disposed of by this common order. The petitioners Sridhar Pathak and Kapil Yadav seek bail in Khudawan P.S. Case No. 35 of 2013, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 427
Patna High Court Cr.Misc. No.41470 of 2014 (2) dt.19-11-2014
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and 435 of the Indian Penal Code and Section 17 of the C.L.A. Act.
Learned counsel for the petitioners submits that the petitioners are not named in the FIR. Name of the petitioners figured in the case in the confessional statement of co-accused and except confessional statement there is no tangible material to show the involvement of the petitioners. It is further submitted that other coaccused Bali Yadav @ Baliram Yadav, Rabindra Mistry and Shambhu Yadav have already been enlarged on bail by different orders of this Court.
Learned APP did not dispute the facts.
Having considered the facts aforesaid and the nature of allegation made against the petitioners, they, namely, Sridhar Pathak and Kapil Yadav are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge Ist, Aurangabad in connection with Sessions Trial No. 178 of 2014/181 of 2014, arising out of Khudawan P.S. Case No. 35 of 2013.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail in a case involving offences under the Indian Penal Code and the C.L.A. Act.
Whether the petitioners' non-inclusion in the FIR but presence in the confessional statement precludes bail.
2 provisions across 2 enactments
Sridhar Pathak
Kapil Yadav
The State of Bihar
Prabhath Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
