Petitioner in a fatal assault case seeking bail. Court allowed bail directing release on bond of Rs. 10,000 with sureties, finding insufficient legal material beyond a co-accused's confession. Trial shall proceed as usual.
Released on bail with bond of Rs. 10,000 and two sureties of the like amount, subject to conditions.
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Patna High Court Cr.Misc. No.29767 of 2017 (2) dt.10-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29767 of 2017
Arising Out of PS.Case No. -269 Year- 2016 Thana -HAJIPUR SADAR District-
VAISHALI(HAJIPUR)
====================================================== Chandan Kumar @ Chandan Kumar Rai, son of Bishwanath Rai, resident of Village- Rajapakar Chauripur, P.S.- Rajapakar, District- Vaishali.
.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Matloob Rab, APP-34 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2 10-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 269 of 2016 registered for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.
Allegedly, three unknown motorcycle borne miscreants came and out of them one opened 2-3 round firing causing injury on the forehead of the informant, thereafter, they fled away. During investigation name of the petitioner transpires in the confessional statement of co-accused which is evident from the impugned order.
Submission is of false implication and that besides confessional statement there is no other legal material against the
Patna High Court Cr.Misc. No.29767 of 2017 (2) dt.10-07-2017
petitioner, the petitioner is in custody since 08.09.2016 but he has not been put on test identification parade and as such he deserves sympathetic consideration.
Learned APP opposes the prayer of bail by submitting that due to non-payment of ransom firearm injury has been caused on the vital part of the informant.
In the facts and circumstances stated above, considering that besides confessional statement there is no other legal material against the petitioner, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 269 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/U T
2 issues framed by the court
Whether the petitioner, alleged to be involved in an attempt to murder and shooting case, is entitled to bail on the ground of want of medical evidence.
Whether the petitioner deserves bail considering the lack of other legal material beyond the confessional statement of a co-accused.
2 provisions across 2 enactments
Chandan Kumar @ Chandan Kumar Rai
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
