A single judge granted bail to the petitioner, who was in custody in a murder case (Sections 302, 120B IPC, 27 Arms Act). The court allowed release due to lack of direct evidence, noting the suspect was not named in the FIR.
Petitioner released on bail by 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.14237 of 2015
Arising Out of PS.Case No. -392 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== 1. Subhash Singh Son of Tapeshwar Singh Resident of village - Badoukhar, Police Station - Haspura, District - Aurangabad ( Bihar ) .... .... Petitioner Versus 1. The State of Bihar ... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rajeshwar Singh For the Opposite Party : Mr. Pradip Nr. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 20-05-2015 Petitioner is languishing in custody since 31.12.2014 in a case registered for the offences punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act. It is alleged that the elder brother of the informant went outside after receiving the mobile call of coaccused Ranju Devi and thereafter his dead body was recovered with fire arm injuries. It is submitted by learned counsel for the petitioner that the petitioner was not named in the First Information Report and his name sprang up during investigation on confession of the co-accused. During investigation, it transpired that much prior to the occurrence co-accused Ranju Devi talked nine times through the mobile with the victim but on conclusion of the investigation coaccused Ranju Devi was not sent up for trial and considering
Patna High Court Cr.Misc. No.14237 of 2015 (3) dt.20-05-2015
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the same Ranju Devi has been granted bail by a Coordinate Bench of this Court vide Cr. Misc. No. 8371 of 2015.
It is submitted by learned counsel for the State that petitioner’s name sprang up on confession of the coaccused. The petitioner made confession before the police and he has been chargesheeted.
Considering the fact that there is no direct evidence collected during investigation against the petitioner, let the petitioner, above named, 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 learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad(T)P.S. Case No. 392 of 2014.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether a petitioner charged under Sections 302, 120B IPC and Section 27 Arms Act should be released on bail considering he was not named in the FIR and there is no direct evidence against him.
Subhash Singh
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
