In an appeal against bail rejection in an IPC 302 case, the High Court at Patna allowed the petitioner's bail application based on appearance in the rejection order derived from a coaccused's statement.
Petitioner released on bail by bond of Rs. 10,000/- with two sureties of the same amount to the C.J.M, Araria.
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.46337 of 2014
Arising Out of PS.Case No. -263 Year- 2009 Thana -ARARIA District- ARRARIA ====================================================== 1. Rakesh Jha @ Rakesh Kumar Jha S/o Madan Mohan Jha R/o Kachahari Balua, P.S.- Sarsi, District - Purnea. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE SHRI. JUSTICE DHARNIDHAR JHA ORAL ORDER 2 03-12-2014 Heard. The case is under section 302 I.P.C. and the petitioner is not named in the F.I.R. His name appears as is recorded in the rejection order through the confessional statement made by the coaccused. Let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Araria in Araria P.S. Case No. 263 of 2009/ G.R. No. 1085 of 2009.
(Dharnidhar Jha, J)
Abhay/-
U T
1 issue framed by the court
Whether the petitioner, not named in the F.I.R. but appearing in the rejection order via coaccused confessional statement, is entitled to bail.
1 provisions across 1 enactments
Rakesh Jha
The State of Bihar
Dharnidhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
