High Court granted bail to the petitioner charged under Section 394 IPC. The court noted the petitioner's arrest and confession but observed that no properties were recovered and he was not put on T.I. Parade, warranting release on bond.
Directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29605 of 2016
Arising Out of PS.Case No. -61 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Komal Sharma, Son of Mukesh Sharma @ Mukesh Kumar Sharma, resident of village - Balhan, P.S. Kanti ( Panapur O.P. ), District - Muzaffarpur .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Yugal Kishore, Advocate For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 26-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code.
Petitioner is not named in the first information report but in course of investigation, his named surfaced in confessional statement of co-accused and thereafter, petitioner was arrested and he too confessed his guilt.
Submission on behalf of the petitioner is that nothing has been recovered from conscious possession of the petitioner nor petitioner has been put on T.I. Parade and moreover, petitioner is in jail custody since 21.3.2016.
No doubt, petitioner carries criminal antecedent of
Patna High Court Cr.Misc. No.29605 of 2016 (2) dt.26-07-2016
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some cases but in the present case, except so-called confessional statements, there is nothing against him.
Accordingly, the petitioner above named is directed to 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 Sub-Divisional Judicial Magistrate, West, Muzaffarpur in connection with Motipur P.S. Case No.61 of 2016. (Hemant Kumar Srivastava, J)
N.H./U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case registered under Section 394 of the Indian Penal Code where charges were not shown in the FIR but surfaced in confessional statements.
Whether the lack of recovery from the petitioner and his allotment with sic in jail custody warrants grant of bail.
1 provisions across 1 enactments
Komal Sharma
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
