The Patna High Court granted bail to the petitioner in a murder and arms case. The court noted he was not named in the FIR, reliance was only on a co-accused's confession, and he was a first offender while a co-accused had already obtained bail.
Directed petitioner to be released on bail on furnishing a bond of Rs.25,000 with two sureties of 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.24695 of 2016
Arising Out of PS.Case No. -160 Year- 2015 Thana -EKMA District- SARAN ====================================================== Deepak Mahto son of Sri Lallan Mahto, resident of Village Banwari Amnour, Police Station Ekma, District Saran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 01-06-2016 Heard the parties. The petitioner seeks bail in a criminal prosecution registered under Section 302/34 of the Indian Penal Code as also under Section 27 of The Arms Act.
Taking into consideration the fact that the petitioner is not named in the first Information Report vide Annexure-1, as an accused, though two other persons are specifically named there in the first information report as accused with specific allegation of committing the crime in question, and further taking into consideration the fact that the petitioner has been involved in the present case on the basis of confessional statement of a coaccused before the police, and also taking into consideration the fact that he is said to be the first offender and co-accused Lalan Singh, with almost identical allegation, has already been granted bail by a Bench of this Court vide order as contained in Annexure3, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection
Patna High Court Cr.Misc. No.24695 of 2016 (2) dt.01-06-2016
2/2
with Ekma P.S.Case No. 160 of 2015, subject to the following conditions that:
(A) one of the bailors must be a government servant or close family member or close relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner,
(B) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail bonds of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned, and
(C ) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Prasad Verma, J)
Tahir/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner in a prosecution for murder and arms offence given he is not named in the FIR but named via co-accused confession.
Whether to grant bail considering he is a first offender and a co-accused has already been granted bail with identical allegations.
2 provisions across 2 enactments
Deepak Mahto
The State of Bihar
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
