Single-judge order granting bail to the petitioner accused in an IPC 395 case. Petitioner was added based on a confessional statement; held eligible for bail with sureties.
Released on bail with a bond of Rs.10,000 and two sureties of like amount to the satisfaction of the ACJM-II.
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.
Patna High Court Cr.Misc. No.19963 of 2016 (3) dt.15-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19963 of 2016
Arising Out of PS.Case No. -8 Year- 2016 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Shravan Yadav, son of Birendra Yadav @ Birendra Prasad, Residents of village- Bhawanipur, P.S.- Hulashganj, District- Jehanabad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Chhabilapur P.S. Case No. 08 of 2016 registered under Section 395 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. rather in course of investigation, the name of the petitioner and 15 others have come on the confessional statement of co-accused Suday Kumay, except that there is nothing against him showing the involvement in the present case. It is further submitted that petitioner is in custody since 17.02.2016.
Patna High Court Cr.Misc. No.19963 of 2016 (3) dt.15-07-2016
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the ACJM-II, Biharsharif, Nalanda, in connection with Chhabilapur P.S. Case No. 08 of 2016. Out of two sureties, one surety must be the close relative of the petitioner .
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner, who is in custody and not named in the FIR, should be released on bail despite appearing in a co-accused's confessional statement.
Shravan Yadav
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
