In this bail application, the High Court of Patna granted bail to the petitioner alleged of cheating and destruction of public property, noting that no independent evidence exists against him despite his confession and lengthy detention.
Release on bail by furnishing bond of Rs. 10,000/- with two sureties of the like amount.
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.17105 of 2016
Arising Out of PS.Case No. -48 Year- 2015 Thana -SARAN GRP CASE District- SARAN ====================================================== Sunil Kumar Gupta @ Bhuara @ Bittu Son of Raghunath Prasad resident of village - Godhan Chak Gali, P.S. Chapra Town, District - Saran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
3 02-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-395, 397, 412 of the Indian Penal Code.
It would appear from perusal of the impugned order that except confessional statement of petitioner and other accused, there is nothing against the petitioner and moreover, the petitioner is languishing in jail custody since 07-09-2015 and earlier, he was made accused in only one case.
Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kachehari Rail P.S. Case No. 48 of 2015 to the
Patna High Court Cr.Misc. No.17105 of 2016 (3) dt.02-05-2016
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satisfaction of learned Railway Judicial Magistrate, Sonepur at
Saran.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the registered case under sections 395, 397, and 412 of the Indian Penal Code?
1 provisions across 1 enactments
Sunil Kumar Gupta @ Bhuara @ Bittu
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
