In a bail application filed in PS Case No. 29 of 2012, the High Court granted bail to the petitioner charged with Section 392 IPC, noting he was not in the FIR and was in custody since September 2013.
Release on bail with bonds of Rs. 10,000 and two sureties of similar amount pursuant to order dated 3.10.2014.
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.7974 of 2014
Arising Out of PS.Case No. -29 Year- 2012 Thana -MOTIHARI MUFASIL District- EAST CHAMPARAN (MOTIHARI)
====================================================== Yaswant Singh S/o Sri Mahendra Singh R/o Village- Betauna, P.S.Patanhi, District- East Champaran .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3. 10.07.2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Sadar (Muffasil) P.S. Case No. 29 of 2012 dated 25.01.2012 instituted for offence punishable under Section 392 of the Indian Penal Code.
Learned counsel for the petitioner submits that he is not named in the F.I.R. and only on the confessional statement of one Anshu Kumar Singh he has been made an accused in the present case also. Learned counsel submits that there is no recovery from him and he has not even been put on Test Identification Parade. Learned counsel draws the attention of this Court to Annexure-2 which is a web copy of the order dated 10.04.2012 passed by a co-ordinate Bench of this Court in Cr. Misc. No. 14956 of 2012 by which the said co-accused Anshu Kumar Singh has been granted bail. Learned counsel submits that against him also there is
Patna High Court Cr.Misc. No.7974 of 2014 (3) dt.10-07-2014
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antecedent of criminal cases including that under Section 302 of the Indian Penal Code. It is submitted that the petitioner is in custody since 24.09.2013.
Learned A.P.P., upon going through the case diary, does not dispute the aforesaid position.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in Sadar (Muffasil) P.S. Case No. 29 of 2012, subject to the condition that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner, that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority. The petitioner shall cooperate in the trial and shall be present on each and every date fixed in the case. Failure to do so on two consecutive dates, without sufficient cause, or violation of any of the conditions shall lead to cancellation of his bail bonds.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving Section 392 IPC when he is not named in the FIR but appeared in a confessional statement.
Whether co-relation between co-accused granted bail earlier in a similar case entitles the petitioner to bail.
1 provisions across 1 enactments
Yaswant Singh
The State Of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
