Petitioner in possession sought bail in connection with a criminal case under Section 392 IPC. Court noted petitioner not named in FIR with evidence limited to co-accused confession. Bail granted on furnishing bond and sureties.
Released on bail upon furnishing bond of Rs. 10,000/ and two sureties of the like amount each to satisfaction of CJM, Nalanda.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21450 of 2018
Arising Out of PS. Case No.-499 Year-2017 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Chhotu Mahto, son of Upendra Mahto, resident of Mohalla- Garhpar, P.S.Biharsharif, District- Nalanda.
... ... Petitioner/s
Versus
| The State Of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : For the Petitioner/s : |
Mr. Samir Kumar Sinha |
| For the Opposite Party/s : =================== |
Mr. Sri Iftekhar Mahmood =================================== |
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
2 13-04-2018 Heard learned counsels for the petitioner and the
State.
The petitioner, already in custody, seeks bail in connection with Laheri P.S.Case No. 499 of 2017 registered under Section 392 of the Indian penal Code.
Submission is that petitioner is not named in the FIR though there is specific allegation of committing the alleged offence by three FIR named accused persons and the only material against the petitioner transpired during investigation is confessional statement of co-accused Raja disclosing name of the petitioner and stated that he was standing outside the shop at the time of commission of offence.
Having considered the aforesaid facts and circumstances, the petitioner, namely, Chhotu Mahto, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/-
Patna High Court Cr.Misc. No.21450 of 2018(2) dt.13-04-2018 2/2
with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda in connection with Laheri P.S. Case No. 499 of 2017.
(Arun Kumar, J)
sujit/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who is not named in the FIR but alleged by confessional statement of co-accused.
Whether the material against the petitioner is insufficient to warrant continued custody.
1 provisions across 1 enactments
Chhotu Mahto
The State Of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
