Single judge order granting bail to driver accused of criminal breach of trust, abduction, and murder. Court allowed release on bond with sureties.
Relief on bail granted with bond of Rs. 10,000/- and two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5419 of 2014
====================================================== Munna Kunwar @ Munna Kuwar, S/O Dinesh Kunwar, Resident of Village- Majrohi Kuwanwala, P.S- Pirpaiti, District- Bhagalpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Md. Imteyaz Ahmad, Advocate. For the Opposite Party : Mr. Raj Ballabh Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 08-05-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case which has been registered under Section 406 of the Indian Penal Code on 13.9.2013 against the driver Uday Prasad in which by order dated 10.10.2013 Sections 364, 396 and 302 of the Indian Penal Code were added. The informant lost control with his driver subsequently it was suspected that the driver has taken away the vehicle.
Submission is that no evidence at all has been gathered against the petitioner during entire investigation. The entire investigation is based upon the confessional statement of the petitioner which has got no evidentiary value. In para-3, the
Patna High Court Cr.Misc. No.5419 of 2014 (3) dt.08-05-2014
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petitioner has mentioned that he has got no criminal antecedent.
Considering the facts and circumstances of the case, 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 the learned Chief Judicial Magistrate/court concerned, Sheikhpura in connection with Barbigha P.S. Case No. 215 of 2013.
(Shyam Kishore Sharma, J.)
KKSINHA/-
2 issues framed by the court
Whether petitioner is entitled to bail in a case involving abduction and murder charges appended to criminal breach of trust.
Whether the reliance solely on the petitioner's confessional statement without other evidence permits bail.
4 provisions across 1 enactments
Munna Kunwar
State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
