Petitioner challenged in PS Case under IPC Sections 121, 121A, 124 and Explosive Act. Court noted discrepancy in case diary regarding confession leading to bomb recovery. Bail granted.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to CJM Lakhisarai.
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.41650 of 2015
Arising Out of PS.Case No. -20 Year- 2015 Thana -KAJRA District- LAKHISARAI ====================================================== Saryug Kora, S/o Sahdeo Kora, Resident of Village- Ghoghar Ghati, P.S. Kajra, District- Lakhisarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 30-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 121, 121A and 124 of the Indian Penal Code and 3/4/5 of the Explosive Substance Act.
Allegation against the petitioner is that he is a member of Naxalite and on seeing police force he tried to flee away but he was apprehended. On the basis of his statement police recovered three bombs.
It has been submitted on behalf of the petitioner that he is in custody since 12.4.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. On the basis of confessional statement of the petitioner three live bombs are said to have been recovered. From perusal of the case diary it would appear that there is no such confession of this petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Patna High Court Cr.Misc. No.41650 of 2015 (3) dt.30-10-2015
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Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Kajra P.S. Case no. 20 of 2015.
(Sudhir Singh, J)
sudip/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving charges under Sections 121, 121A, 124 of the IPC and Explosive Substance Act given a lack of evidence regarding confession and recovery o
Whether the petitioner should be released on bail subject to furnishing a bond with sureties despite allegations of Naxalite membership and attempted flight.
2 provisions across 2 enactments
Saryug Kora
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
