In a bail petition concerning robbery and murder, the Court granted bail to the petitioner upon furnishing a bond of Rs.20,000 and two sureties, noting the completion of investigation and lack of substantial material against him.
Petitioner released on bail through Rs.20,000 bond and two like sureties.
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.35380 of 2018
Arising Out of PS.Case No. -653 Year- 2014 Thana -MADHEPURA District- MADHEPURA
====================================================== Manish Kumar @ Manish Yadav, son of Ram Chandra Pd. Yadav @ Arbind Yadav, Resident of Village- Maloudha Ward No.12, P.S.- Bashahi, District- Saharsa.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Sri Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 394/302 of the Indian Penal Code and under Section 27 of the Arms Act.
The FIR of the occurrence of robbery and murder is against unknown. Name of the petitioner surfaced in the confessional statement of co-accused. Petitioner is in custody since 31.03.2017. There is no other substantial material against the petitioner and investigation of the case is already complete.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court Cr.Misc. No.35380 of 2018 (2) dt.20-06-2018
2
Court below where the case is pending in connection with Madhepura Sadar Police Station Case No.653 of 2014, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned Court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Nitesh/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case concerning robbery and murder where investigation is complete and there is no substantial material against him.
What conditions must the petitioner fulfill for bail grant in this robbery/murder case.
2 provisions across 2 enactments
Manish Kumar @ Manish Yadav
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
