In a criminal bail matter, the Patna High Court granted bail to a petitioner who was named in a co-accused's confessional statement but not in the FIR, allowing surrender on bonds with sureties.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of 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.33089 of 2015
Arising Out of PS.Case No. -156 Year- 2009 Thana -LAXMIPUR District- JAMUI ====================================================== 1. Surendra Paswan @ Surendra Yadav Son of Arjun Paswan R/V -Sondipi, P.s. Laxmipur, District Jamui. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 09-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report but when confessional statement of one co-accused, Tantan Mishra was recorded, the said co-accused named one Surendra as his associates and thereafter, police made the petitioner accused in this case. Petitioner does not have any criminal antecedent and moreover, co-accused, Tantan Mishra has already been granted privilege of bail.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the 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 Sub
Patna High Court Cr.Misc. No.33089 of 2015 (4) dt.09-11-2015
2/2
Divisional Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No. 156 of 2009.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner, not named in FIR but named by a co-accused who has been granted bail, is eligible for bail.
Surendra Paswan @ Surendra Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
