The High Court at Patna granted bail to the petitioner in a murder and arms act case. The court observed that investigation was completed, a co-accused had already been granted bail, and there was no evidence other than a confessional statement.
Released on bail by furnishing bonds of Rs. 10,000/- with two sureties of the like amount each.
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.20352 of 2016
Arising Out of PS.Case No. -155 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== 1. Golu Kumar Son of Ramsharan Singh alias Pahalwan, R/o VillageRamdiri Tola, Mahaji, P.S.- Matihani, District- Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 09-05-2016 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 Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Altogether eight persons including petitioner are named in the first information report on the accusation that on their call the deceased left his home and subsequently, his dead body ridden with bullets was recovered.
Contention on behalf of the petitioner is that except confessional statement of petitioner as well as suspicion, there is nothing against him. Moreover, having more or less similar allegation, co-accused, Ravi Raj @ Ravi Rai @ Lolba @ Ravi
Patna High Court Cr.Misc. No.20352 of 2016 (2) dt.09-05-2016
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Kumar @ Lolab has already been granted privilege of bail by a coordinate Bench of this Court vide order dated 15.03.2016 passed in Cr. Misc. No. 3101 of 2016 whereas petitioner is in jail custody since 27.07.2015 and investigation against him has already been completed.
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 Additional Sessions Judge-I, Begusarai in connection with Sessions Trial No. 98 of 2016 arising out of Barauni (F.C.I.) P.S. Case No. 155 of 2015.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail given the completion of investigation and the grant of bail to a co-accused.
Whether the petitioner can be released on bail when only a confessional statement and suspicion exist against him.
2 provisions across 2 enactments
Golu 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
