In bail application under CrPC, HC granted release on personal bond to petitioner accused of offence under Sec 376 IPC, noting he was not named in FIR or subjected to identification parade.
Release on bail bond of Rs.10,000 with two sureties of the like amount each.
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.30585 of 2018
Arising Out of PS. Case No.-169 Year-2017 Thana- MOKAMAH District- Patna
======================================================
Mukund Singh S/o Shivnandan Singh, R/o Vill.- Varahpur @ Barahpur Naya Tola Madhurapur, P.S.- Mokama, District- Patna.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Parmod Kumar For the Opposite Party/s : Mr. Sri S.M. Rahman ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 17-05-2018
Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Mokama PS Case No.169 of 2017, registered under Sections 376/34 and 120(B) of the Indian Penal Code.
It is submitted that petitioner is not named in the FIR and the petitioner was never put on TIP for identification, charge sheet has been submitted and only on the basis of statement of some witnesses that on that very day the petitioner was seen along with Shyam Sundar Yadav, the named accused, the petitioner has been implicated in this case.
Having considered the aforesaid facts and circumstances, petitioner Mukund Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten
Patna High Court Cr.Misc. No.30585 of 2018(2) dt.17-05-2018 2/2
thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, District Patna in connection with Mokama PS Case No.169 of 2017.
(Arun Kumar, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether bail should be granted to Mukund Singh who is not named in the FIR and was not subjected to TBI?
Whether the ground that the petitioner was implicated only on the basis of witness statements warrants release on bail?
1 provisions across 1 enactments
MUKUND SINGH
THE STATE OF BIHAR
ARUN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
