The Patna High Court granted bail to a petitioner who was not named in the initial FIR but was implicated during investigation. He was released upon furnishing bonds despite the serious charges against him.
Released on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount each.
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.24156 of 2015
Arising Out of PS.Case No. -811 Year- 2013 Thana -SITAMARHI District- SITAMARHI ====================================================== Nitesh kumar @ Nitesh Das @ Pappu Das Son of Ram Bhajan Das @ Bhajan Das Resident of Village Pamara, P.S and district Sitamarhi. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nirmal Kumar Sinha-3 For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 12.01.2015 in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 302 and 504 of the Indian Penal Code. It is alleged that on protest being made by the father of the informant when accused persons hurled abuse and all the seven FIR named accused persons assaulted the father of the informant, who died on the spot, when the informant and brother of the informant came they were also assaulted.
It is submitted by learned counsel for the petitioner that the petitioner was not named in the FIR, his name
Patna High Court Cr.Misc. No.24156 of 2015 (2) dt.14-07-2015
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subsequently sprang up during investigation. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent and similarly situated accused Bhajan Das has been granted bail vide Cr. Misc. No. 12231 of 2015.
Considering the fact that the accusation is specific against FIR named accused persons, 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 Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 811 of 2013.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner, who was not named in the FIR but implicated during investigation, is entitled to bail.
Colour shows how this judgement treated each authority
Cr. Misc. No. 12231 of 2015Referred¶7
Nitesh kumar @ Nitesh Das @ Pappu Das
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
