Petitioner sought bail in an IPC and Arms Act case where he was an order-giver. Court granted bail considering his character and the fact that a co-accused raised a counter case.
Petitioner released on bail with a bond of Rs. 10,000 and 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16611 of 2016
Arising Out of PS.Case No. -12 Year- 2016 Thana -KAUAKOL District- NAWADA ====================================================== 1. Subodh Yadav S/o Chano Yadav Resident of Village - Benipur, PS (Rapau) Kawakol, District Nawada. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. P.K.Chaurasiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 26-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
Petitioner appears to be only order-giver and it was co-accused, Chandan Yadav, who opened fire on the informant. Petitioner does not have any criminal antecedent and is languishing in jail custody since 26.01.2016.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that co-accused, Chandan Yadav lodged counter case against the prosecution party, let the petitioner be released on bail on
Patna High Court Cr.Misc. No.16611 of 2016 (2) dt.26-04-2016
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furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Nawada in connection with Kawakol (Rupau) P.S. Case No. 12 of 2016.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given his role as order-giver and lack of criminal antecedent.
2 provisions across 2 enactments
Subodh Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
