This is an oral bail order granting release to an accused facing murder charges on evidence consisting primarily of an accomplice's confession, dispensing with stringent requirements due to the nature of the case.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties, one being a close relative.
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.19669 of 2016
Arising Out of PS.Case No. -20 Year- 2016 Thana -ITADHI District- BUXAR ====================================================== Akhilesh Kumar Singh @ J.k. @ Jammu Bin Son of Munarik Singh @ Mundrika Ram @ Mundrika Bin Resident of village- Sikraul Tetrahar, P.S.Sikraul, District- Buxar .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 10-05-2016 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is accused in connection with Itarhi P.S. Case No. 20 of 2016 registered under Sections 302/34 of the I.P.C. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the informant is not an eye witness of the occurrence rather he disclosed the name of three persons mere on suspicion. Out of them, one Aman Singh disclosed the name of this petitioner in his confessional statement having hand in the present case. Except the confessional statement, there is nothing against the petitioner to show the involvement in the present case. It is also submitted that
Patna High Court Cr.Misc. No.19669 of 2016 (2) dt.10-05-2016
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petitioner is in custody since 04.03.2016.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-II, Buxar in connection with itarhi P.S. Case No.20 of 2016. Out of two sureties, one surety must be parents or close relatives of the petitioner.
(Rajendra Kumar Mishra, J)
Shail/U T
1 issue framed by the court
Whether the petitioner is entitled to bail in an offence under Sections 302/34 IPC where the FIR is based on suspicion and only the confessional statement of an accomplice exists.
1 provisions across 1 enactments
Akhilesh Kumar Singh @ J.k. @ Jammu
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
