Single judge directed release of petitioner on bail for Rs. 10,000 with two sureties in a case of kidnapping and wrongful confinement, noting reliance on suspect confession.
Release on bail by furnishing bonds of Rs. 10,000 with two sureties of equal 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.13565 of 2015
Arising Out of PS.Case No. -159 Year- 2014 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Brajesh Kumar @ Vikash s/o- Nakchhed Sah Resident of village- Bharwa Tola, Gurwaliya, P.S.- Manuapur, District- West Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Uday Chand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 03-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 10.09.2014 in a case registered for the offences punishable under Sections 364, 379 and 120B/34 of the Indian Penal Code. The prosecution case is that the informant’s Bolero vehicle along with driver Munna Thakur went missing since 06.01.2014 when he went with the Bolero vehicle to Ramnagar. Subsequently, the FIR was lodged on 28.06.2014 under Sections 364 and 379 of the IPC. During investigation it transpired that Lal Bihari hired the vehicle in question and petitioner being the associate of Lal Bihari was instrumental in
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killing the driver and disposing of the vehicle in question.
It is submitted by learned counsel for the petitioner that the petitioner has been roped in only on the basis of confessional of the petitioner which has no evidenciary value whereas the wife of the victim driver has identified Lal Bihari and co-accused Upendra in his confession suggested that Lal Bihari contacted him for selling of the vehicle in question. Hence, on the basis of only suspicion the petitioner is languishing in custody, though the petitioner is accused in one other case.
Learned APP after going through the case diary has suggested that wife of the driver in paragraph 75 of the case diary has stated that she identified Lal Bihari and the petitioner was associate of Lal Bihari. Moreover, the petitioner was constant touch with co-accused Lal Bihari through mobile at the time of incident and the independent witnesses in paragraph nos. 203 and 204 of the case diary have suggested that there is rumor in the village that the petitioner in league with Lal Bihari has committed the offence.
Considering the suspicious nature of accusation, let the above named 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 learned
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Judicial Magistrate, Ist Class, Raxaul at Motihari in connection with Raxaul P.S. Case No. 159 of 2014.
The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in some serious nature of offence or defaults for two consecutive occasions.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail despite being accused in a serious offence involving custodial death.
1 provisions across 1 enactments
Brajesh Kumar @ Vikash
State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
