The Patna High Court granted bail to the petitioner in a murder case. The court observed that the petitioner was not named in the FIR, lacked eye-witnesses against him, and the confessional statement lacked evidentiary value.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000/- and two sureties of the same 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.45926 of 2017
Arising Out of PS.Case No. -73 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR
====================================================== Shankar Das son of Chandradeo Das, resident of Village- Shahabad, P.S. Sultanganj, District- Bhagalpur
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Nagendra Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Sessions Trial No. 654 of 2017 arising out of Sultanganj P.S. Case No. 73 of 2017 registered under Section 302/34 of the Indian Penal Code.
Four named accused persons are said to have committed murder of the son of the informant for not making payment of the money taken by him.
It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. There is no eye witness of the occurrence. There is no material in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement given before the police which
Patna High Court Cr.Misc. No.45926 of 2017 (2) dt.19-09-2017
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has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 08.04.2017.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd A.D.J., Bhagalpur in connection with Sessions Trial No. 654 of 2017 arising out of Sultanganj P.S. Case No. 73 of 2017.
(Prakash Chandra Jaiswal, J)
Mishra/-
U T
1 issue framed by the court
Whether the petitioner, who is alleged to have committed murder but was not named in the FIR and has only made a confessional statement, is liable to be granted bail.
1 provisions across 1 enactments
Shankar Das
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
