The Patna High Court granted bail to Kapildeo Chaudhary, who was in custody and implicated only on suspicion in a case involving police station ransacking and alleged custodial death-related offenses.
Release on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the SDJM Bettiah.
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.
Patna High Court Cr.Misc. No.29478 of 2018 (2) dt.11-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29478 of 2018
Arising Out of PS.Case No. -111 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH)
======================================================
Kapildeo Chaudhary @ Kapildeo Chaudhuri, son of Jiut Chaudhary, resident of Village Dewadh, PS Sahodara, District West Champaran
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Sanjay Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
Petitioner, already in custody since 31.12.2017, seeks bail in Gaunaha PS Case No. 111 of 2017 registered under Sections 147, 148, 149, 323, 324, 325, 307, 332, 333, 353, 436, 395, 427, 353, 151, 152, 153, 187, 189 120B of the IPC and Section 27 of the Arms Act.
The allegation in brief is that large number of people, thousand in number, ransacked the police station and pelted stones on police personnel as there was custodial death of an accused in the police lock up.
Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, merely on suspicion the petitioner has been implicated in this case, neither he was detected in the videography or any of the photography done by the administration and similarly situated many other co-accused have been granted bail by different benches of this Court.
Having considered the said facts and circumstances, the petitioner, namely, Kapildeo Chaudhary @ Kapildeo Chaudhuri is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM Bettiah, West Champaran in connection with Gaunaha PS Case No. 111 of 2017.
Snkumar/U T
(Arun Kumar, J)
1 issue framed by the court
Whether the petitioner, who is not named in the FIR and is merely on suspicion, is entitled to bail.
2 provisions across 2 enactments
Kapildeo Chaudhary @ Kapildeo Chaudhuri
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
