The Patna High Court granted bail to the petitioner in a case under Sections 395 IPC and 27 Arms Act, allowing release upon furnishing a bond of Rs. 10,000 with two sureties.
The petitioner be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.
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.9462 of 2014
====================================================== Chhotu Chouhan, S/O Uma Shankar Chouhan, Resident of Mohalla- Shanti Nagar, Buxar, P.S.- Buxar Nagar, District- Buxar .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Anil Kumar Singh, Advocate. For the Opposite Party : Mr. Shailendra Kr. Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 15-05-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case which has been registered against unknown under Section 395 of the Indian Penal Code and Section 27 of the Arms Act. Submission is that the petitioner is not named in the FIR, has not been put on test identification parade and no incriminating article has been recovered from his possession. His name during investigation has come on the basis of confessional statement of Aashirvad Mishra (Minor) and Ramjee Choudhary who have been granted bail on 11.4.2014 in Cr. Misc. No. 261 of 2014 and on 8.5.2014 in Cr. Misc. No. 10915 of 2014 respectively.
Patna High Court Cr.Misc. No.9462 of 2014 (3) dt.15-05-2014
2
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, Buxar in connection with Dumraon P.S. Case No. 85 of 2013.
(Shyam Kishore Sharma, J.)
KKSINHA/-
1 issue framed by the court
Whether the petitioner, being named in the case on the basis of confessional statements of bail granted co-accused, is entitled to bail on furnishing security?
2 provisions across 2 enactments
Chhotu Chouhan
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
