In a criminal bail application, the Patna High Court granted bail to the petitioner, an accused in POSCO cases, directing him to furnish a bond of Rs.10,000 with two sureties of the like amount to the Sessions Judge.
Release on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount to the Sessions Judge.
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.22717 of 2015
Arising Out of PS.Case No. -13 Year- 2010 Thana -DHARHARA District- MUNGER ====================================================== Bhim Yadav S/o Haricharan Yadav Resident of village - Kathor, P.S. Dharhara, District - Munger .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar Choudhary For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 30.06.2014 in a case registered for the offences punishable under Sections 147, 148, 149, 122, 124A of the Indian Penal Code, 13 of Unlawful Activity of Prevention Act, 3/4/5 of Explosive Substances Act and 17 of Criminal Law Amendment Act.
The prosecution case is that the SHO, Dharhara Police Station after getting secret information that the miscreants are holding a meeting and instigating the people against the public administration, raid was laid when explosive were used. The petitioner was found to be member of unlawful assembly.
Patna High Court Cr.Misc. No.22717 of 2015 (2) dt.10-07-2015
2/2
It is submitted by l earned counsel for the petitioner that admittedly as per the accusation no recovery has been made from the petitioner and only on suspicion the petitioner has roped in the present case and the investigation has already concluded.
Considering the aforesaid facts, 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 Sessions Judge, Munger in connection with Sessions Trial No. 08 of 2013 arising out of Dharhara P.S. Case No. 13 of 2010.
Since the petitioner is accused in three other cases, 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
2 issues framed by the court
Whether the petitioner should be released on bail furnishing bail bonds with sureties considering he has not been implicated with recovery but only on suspicion.
Whether the lower court should be permitted to cancel bail if the petitioner gets involved in serious offences or defaults.
Bhim Yadav
The State of Bihar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
