In bail proceedings for offences under IPC and Arms Act, the High Court granted anticipatory bail holding the petitioner was not initially named in the FIR or Section 164 Cr.P.C. statement, provided he remains within the period of eight weeks.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties within eight weeks.
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.7279 of 2016
Arising Out of PS.Case No. -173 Year- 2014 Thana -BARAHIYA District- LAKHISARAI ====================================================== RAMBABU SINGH, son of Late Ram Balak Singh, Resident of villageKhutahadih, P.S.- Barahiya, District- Lakhisarai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : Mr. C.Sen Pd.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 3 10-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Barahiya P.S. Case No. 173/14 for offences alleged under Sections 147, 148, 149, 452, 302, 120-B/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the informant, is that in the night of 08.10.2014 all of a sudden she woke up hearing the sound of firing and saw through the window First Information Report named accused armed with pistol running here and there. She saw her daughter weeping on the roof having bleeding injury and her husband dead. Her daughter claimed that Pankaj Kumar shot her father dead.
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It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report but his name figured in the further statement of the informant. He further submits that neither in the statement under Section 164 Cr.P.C. informant has named the petitioner nor the eye-witness i.e. daughter of the informant Kajal Kumari has named the petitioner, as is evident from paragraph 11 and 77 of the case diary. It has further been submitted that the co-accused Pankaj Kumar, in paragraph 44 of the case diary, has named the petitioner as one of his accomplice. He further submits that perusal of the materials available on record does not show any incriminating material in possession of the petitioner and he will not abscond nor flee nor temper with the evidence.
However, learned APP for the State submits that the petitioner has been named by the co-accused Pankaj Kumar as his accomplice and in the further statement of the informant the name of the petitioner figured, hence, opposes the prayer for bail.
Considering the facts and circumstances of the case, since the petitioner is not named in the First Information Report, even the eye-witness nor the informant under Section 164 Cr.P.C. has named the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a
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period of eight weeks from today, 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 learned Chief Judicial Magistrate, Lakhisarai, in connection with Barahiya P.S. Case No. 173/14, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.)
Rajesh/U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given he was not named in the First Information Report or under Section 164 Cr.P.C.
Whether the petitioner will abscond or tamper with evidence.
3 provisions across 1 enactments
RAMBABU SINGH
The State of Bihar
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
