The Patna High Court granted bail to the petitioner accused of dacoity under Section 395 IPC, noting that the only evidence against him was suspicion raised by a witness rather than direct identification.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.
Patna High Court Cr.Misc. No.50243 of 2013 (4) dt.07-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50243 of 2013
====================================================== Kameshwar Yadav, S/o Jadu Yadav, R/o Vill. Dakhin Khap, P.S. Sherghati, District – Gaya. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 4 07-04-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner is accused in connection with Sherghati P.S. Case No. 285 of 2012 registered under Section 395 of the I.P.C.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the fardbeyan of the informant that all dacoits covered their faces and he came to know the four names of the dacoits from villager Muni Devi. Muni Devi, in her statement, has not stated the name of the petitioner and others as dacoit, rather on query by the Police, she raised suspicion against the petitioner and others saying that earlier, there was dispute in between her husband and the petitioner along with others and they have given threatening for dire consequences, so she showed her suspicion regarding involvement of the petitioner and others named accused. Except suspicion raised by Muni Devi,
Patna High Court Cr.Misc. No.50243 of 2013 (4) dt.07-04-2014
there is nothing against the petitioner. It is also submitted that petitioner is in custody since 03.08.2013.
Under the facts and circumstances of the case, the petitioner is directed to 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 S.D.J.M., Sherghati, District - Gaya in connection with Sherghati P.S. Case No. 285 of 2012 (G.R. No. 1233 of 2012).
(Rajendra Kumar Mishra, J.)
Shail/-
1 issue framed by the court
Whether the petitioner is eligible for release on bail in a dacoity charge where evidence is based only on suspicion?
1 provisions across 1 enactments
Kameshwar Yadav
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
