The Patna High Court granted bail to the petitioner an accused under Sections 457 380 and 411 IPC who was in custody but not named in the FIR relying on his co-accused bail order.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties.
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Patna High Court Cr.Misc. No.8667 of 2014 (2) dt.16-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8667 of 2014
====================================================== MD. KADIR S/O LATE MD. NASIR RESIDENT OF VILLAGEBHAWARA, P.S- MADHUBANI TOWN, DISTRICT- MADHUBANI. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 16-04-2014 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Madhubani Town P.S. Case No. 161 of 2012 registered under Sections 457, 380 and 411 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. rather his name has come in the confessional statement of co-accused, Md. Abdul Kalam @ Abul Kalam, saying about the involvement of the petitioner in the present case except that there is nothing against him. Learned counsel for the petitioner further submits that co-accused, Abdul Kalam @ Abul Kalam has already been granted privilege of bail by this Court vide order dated 30.10.2013 passed in Criminal Misc. No. 30493 of 2013. It is further submitted that petitioner is in custody since 19.04.2013.
Patna High Court Cr.Misc. No.8667 of 2014 (2) dt.16-04-2014
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 161 of 2012.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
1 issue framed by the court
Whether to release the petitioner on bail who is not named in the FIR but mentioned in a co-accused's confessional statement and is in custody.
1 provisions across 1 enactments
Md. Kadir
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
