The Patna High Court granted bail to Bablu Kumar in a dacoity and murder case. The court noted the serious nature of the offence but observed that co-accused had already been granted bail and there was limited material specifically against the petitioner.
Petitioner released on bail on furnishing bonds 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.18898 of 2016
Arising Out of PS.Case No. -164 Year- 2015 Thana -BACHWARA District- BEGUSARAI ====================================================== 1. Bablu Kumar, S/o- Fulena Tanti @ Bhutto Tanti R/o- Vill.- Hawashpur, P.s.- Baruni, Dist.- Begusarai .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 04-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 364, 302, 392 of the Indian Penal Code and Section 27 of the Arms Act.
No doubt, it is a serious case of dacoity and murder of two persons but the name of petitioner came in this case in confessional statement of co-accused, Santosh Rai as well as Govind Kumar with whom petitioner was arrested by the police and firearms were recovered from their possession.
Contention on behalf of the petitioner is that except the aforesaid material, there is nothing against the petitioner and moreover, co-accused, Govind Kumar, Sonu Kumar and Santosh
Patna High Court Cr.Misc. No.18898 of 2016 (2) dt.04-05-2016
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Rai, having more or less similar allegation, have already been granted privilege of bail by different Benches of this Court.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Pankaj Pandey, Judicial Magistrate 1st Class, Begusarai in connection with Bachhwara P.S. Case No. 164 of 2015.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a serious case involving dacoity and murder where co-accused have already been granted bail.
Whether the recovery of firearms from the possession of co-accused affects the bail petition of the petitioner named in their confession.
2 provisions across 2 enactments
Bablu Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
