The High Court at Patna granted regular bail to the petitioner in a case under Sections 414/34 IPC after considering his lack of criminal antecedents and prolonged custody.
Petitioner to be enlarged on bail on furnishing a bond 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.4909 of 2015
Arising Out of PS.Case No. -175 Year- 2014 Thana -BIKRAM District- PATNA ====================================================== 1. Gyan Prakash Son of Devendra Pandey Resident of vill-Mahuar,P.SBihta,Distt.-Patna .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 11-03-2015 Heard both sides. The petitioner seeks regular bail in a case under section 414/34 of the Indian Penal Code. The petitioner along with two other accused persons, namely, Kundan Kumr and Adarsh Kumar were arrested on two motor cycles bearing registration No. BR 01 BL-0193 and BR01 BR-7889.
It is submitted that nothing was recovered from possession of petitioner. Adarsh Kumar happens to be a relative of the petitioner and the petitioner went to enquire as to what happened but the petitioner was also implicated. Petitioner has got no criminal antecedent. He is in jail since 04.10.2014.
It appears that the petitioner has got no criminal
Patna High Court Cr.Misc. No.4909 of 2015 (3) dt.11-03-2015
2
antecedent and he has already remained in jail for more than five months.
Considering the aforesaid facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. K. Thakur, J.M. 1st Class, Danapur, in connection with Bikram P.S. Case No. 175/2014.
(Prabhat Kumar Jha, J)
Amin/-
U
1 issue framed by the court
Whether the petitioner is eligible to be released on regular bail after being in custody for more than five months in a case under Sections 414/34 IPC?
1 provisions across 1 enactments
Gyan Prakash
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
