The Patna High Court granted bail to Chhotan Sahani in a murder and robbery case. The court noted the petitioner was not named in the FIR and found no tangible evidence against him beyond the presence of a co-accused.
Bail on furnishing a bond of Rs. 10,000 with two sureties of like amount to the A.C.J.M, Madhubani.
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.5193 of 2015 Arising Out of PS.Case No. -83 Year- 2014 Thana -ARER District- MADHUBANI ====================================================== 1. Chhotan Sahani Son of Chandar Sahani Resident of vill-Balain,P.SArer,Distt.-Madhubani .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Binod Kr. 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 06-02-2015 Heard both sides. The petitioner seeks bail in Arer P.S. Case No. 84 of 2014 registered under sections 394, 302 and 34 of the Indian Penal Code. The informant wife of the deceased alleged that while her husband was returning to his house after closing the liquor shop some body pulled him on the road. She further alleged that she disclosed that Raman Yadav committed the occurrence. Learned counsel for the petitioner submits that petitioner is not named in the first information report. Nothing has been recovered from the possession of the petitioner. One of the witness disclosed during the course of investigation that petitioner
Patna High Court Cr.Misc. No.5193 of 2015 (2) dt.06-02-2015
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was also with Raman Yadav in the shop of the deceased. The postmortem report reveals that the deceased did not get any external injury. It appears that the petitioner is not named in the first information report. One witness has only disclosed that the petitioner was with Raman Yadav at the liquor shop of the deceased. Except the confessional statement of co-accused the police did not collect any tangible evidence to show the involvement of the petitioner.
Considering the aforesaid facts, 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 like amount each to the satisfaction of A.C.J.M, Madhubani in Arer P.S. Case No. 83 of 2014.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving sections 394, 302, and 34 IPC where he is not named in the FIR and no tangible evidence exists against him.
3 provisions across 1 enactments
Chhotan Sahani
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
