In a bail petition arising from a mob killing case involving multiple serious offenses, the Patna High Court granted bail to the petitioner, a student, subject to furnishing a bond of Rs. 10,000 with two sureties.
The petitioner shall be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6635 of 2014 ====================================================== Manoj Yadav, Son of Arjun Yadav, Resident of Village - Garbaiya, P.S.Barachatti, District – Gaya. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rashid Rais, Advocate. For the Opposite Party : Mr. R.B. Roy, Raman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 03-04-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case which has been registered under Sections 147, 148, 149, 302, 307, 326, 332, 333, 353, 120(A), 124(A), 427, 120 (B) of the Indian Penal Code along with Section 27 of the Arms Act, Section 17 of the C.L.A. Act and Sections 10, 16, 20, 21, 38 and 39 of the U.L.A.P. Act.
The case relates to killing of two police personnel by the mob. 28 persons have been named as accused who have indiscriminately fired upon.
From the order of the learned Sessions Judge, it is apparent that the petitioner’s complicity has come on the basis of confessional statement of accused Ram Bhajan Yadav @ Shiv
Patna High Court Cr.Misc. No.6635 of 2014 (2) dt.03-04-2014
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Bhajan Yadav.
Submission is that the petitioner is not named in the FIR, has not been put on test identification parade and except confessional statement of co-accused nothing has come against the petitioner who is a student, has passed his matriculation examination and his date of birth is 1993. Present case is the first case in which the petitioner has been implicated.
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 Sub-Divisional Judicial Magistrate/court concerned, Sherghati, Gaya in connection with Sheghati (Dhobi) P.S. Case No. 421 of 2013.
(Shyam Kishore Sharma, J.)
KKSINHA/-
3 issues framed by the court
Whether the petitioner should be released on bail given his lack of prior criminal record and omission from the FIR.
Whether the impugned order granting bail should be upheld.
What conditions are necessary for the release of the petitioner on bail?
Manoj Yadav
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
