This is an oral order granting bail to the petitioner in a murder case. The petitioner was arrested based on a confessional statement despite not being named in the FIR.
Petitioner directed to be released on bail on furnishing bonds of Rs 10,000/- with two sureties.
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.
Patna High Court Cr.Misc. No.38004 of 2015 (3) dt.10-11-2015
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38004 of 2015
Arising Out of PS.Case No. -260 Year- 2014 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Naresh Paswan Son of Jodhi Paswan Resident of village - Chaita, P.S. Pakarideyal, District - East Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
03/ 10.11.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
First information report was lodged against accused Naresh Prasad son of Indradeo Prasad and several others but in course of investigation, petitioner was arrested on suspicion and made his confessional statement disclosing this fact that he as well as others committed murder of the deceased.
The informant and some witnesses claimed themselves to be the eye-witnesses of the alleged occurrence but they have not named the petitioner.
It appears that except some call details as well as aforesaid confessional statement, there is nothing against the petitioner.
Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial
Patna High Court Cr.Misc. No.38004 of 2015 (3) dt.10-11-2015
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Magistrate, Sikrahana at Motihari, East Champaran in Madhuban P.S.
Case no. 260/2014.
shahid
U T
(Hemant Kumar Srivastava,J)
1 issue framed by the court
Whether the petitioner should be released on bail in a murder case where he is the only accused solely based on a confessional statement and call details without being named as an accused in the First
Naresh Paswan
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
