The High Court at Patna disposed of two bail petitions arising from a murder case. Finding petitioners named only in a co-accused's confessional statement, the Court granted bail on ₹10,000 with two sureties.
Petitioners released on bail on furnishing bond of ₹10,000 with two sureties of like amount to the satisfaction of the Chief Judicial Magistrate.
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.33272 of 2015
Arising Out of PS.Case No. -19 Year- 2015 Thana -NARAINPUR District- BHOJPUR ====================================================== 1. Rahul Mahto S/o Bakatu Mahto @ Birendra Mahto Resident of village - Bhaluni, P.S. Narayanpur, District - Bhojpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.45178 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -NARAINPUR District- BHOJPUR ====================================================== 1. Lal Bihari Mahto. Son of Sorabdeo Singh, Resident of Village- Bhaluni, P.S.- Narayanpur, District- Bhojpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.33272 of 2015) For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) (In Cr.Misc. No.45178 of 2015) For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Smt. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 16-10-2015 Both the above stated petitions arise out of Narayanpur P.S. Case No. 19 of 2015 registered under section 302, 120B /34 of the Indian Penal Code. Accordingly, both the above stated petitions have been heard together and are being disposed of by this common order.
Patna High Court Cr.Misc. No.33272 of 2015 (3) dt.16-10-2015
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Petitioners are not named in the first information report
and the name of petitioners came in confessional statement of F.I.R named co-accused Jai Chand Mahto @ Jai Chandra Mahto, who has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 07.10.2015 passed in Cr.Misc. No. 37731 of 2015.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara, Bhojpur in connection with Narayanpur P.S.Case No. 19 of 2015.
(Hemant Kumar Srivastava, J)
Namita/-
U T
2 issues framed by the court
Whether petitioners should be released on bail in the given circumstances.
Whether non-mention in FIR and subsequent inclusion in confessional statement affect bail eligibility in this context.
1 provisions across 1 enactments
Rahul Mahto
Lal Bihari Mahto
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
