Hon'ble Mr. Justice Rajendra Kumar Mishra granted bail to petitioners in Mokama P.S. Case No. 133 of 2013 charged under Sections 395 and 412 IPC, directing them to furnish a bond with sureties.
Petitioners directed to be released on bail by furnishing a bail bond of Rs. 10,000 each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49544 of 2013
====================================================== 1. Shashi Bhusan Sao, S/o Mathura Sao 2. Uchit Paswan, S/o late Biranchi Paswan, both R/o Vill. Gosaigaun, P.S. Ghoshwari, District – Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 4 04-04-2014 Heard learned counsel for the petitioners and learned A.P.P. for the State. Petitioners are accused in connection with Mokama P.S. Case No. 133 of 2013 registered under Sections 395 and 412 of the I.P.C.
Learned counsel appearing on behalf of the petitioners submits that petitioners are not named in the F.I.R. In course of investigation, the confessional statement of petitioners have been recorded by the Police, as detailed in paragraphs no. 38 and 39 of the case diary, showing the involvement of the petitioners in the present case. Except that, there is nothing against the petitioners. It is also submitted that while in the impugned order, whereby prayer of the petitioners have been rejected, it is detailed that on the confessional statement of petitioners motorcycle has been recovered but it would appear from the
Patna High Court Cr.Misc. No.49544 of 2013 (4) dt.04-04-2014
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paragraph no.7 that the motorcycle was recovered from the bush inside the N.H. on 06.07.2013, while the confessional statement of co-accused was recorded on 01.08.2013. It is also submitted that petitioner no.1 is accused in two other cases and petitioner no.2 is accused in four other cases due to high- handedness of the police. It is also submitted that petitioners are in custody since 11.09.2013.
Under the facts and circumstances of the case, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Barh, DistrictPatna in connection with Mokama P.S. Case No. 133 of 2013. Out of two sureties, one surety must be parent or close relative of the
petitioners.
(Rajendra Kumar Mishra, J.)
Shail/-
1 issue framed by the court
Whether petitioners named absent from FIR but with confessional statements made against them are entitled to bail.
1 provisions across 1 enactments
Shashi Bhusan Sao
Uchit Paswan
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
