High Court granted bail to the petitioner in a Section 394 IPC case where material consisted of a co-accused's confessional statement, despite him not being named in the FIR or produced for TID parade.
Petitioner to be released on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3651 of 2018
Arising Out of PS.Case No. -275 Year- 2015 Thana -JAGDIHSPUR District- BHOJPUR
====================================================== Sonu Singh son of Surendra Singh resident of village- Kaura P.S. Jagdishpur District- Bhojpur
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 18-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Jagdishpur P.S. Case No. 275 of 2015, a case under Section 394 of the Indian Penal Code.
Though the petitioner is not named in the F.I.R., material against the petitioner is confessional statement of the coaccused. Petitioner has stated on oath that he has got no criminal antecedent and he is in custody since 09.08.2017, however, has not been put on Test Identification Parade.
Considering the aforesaid fact, 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 the learned Court-below where
Patna High Court Cr.Misc. No.3651 of 2018 (2) dt.18-01-2018
P2/
the case is pending in connection with the aforesaid case, with condition that 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)
Mkr./-
U T
2 issues framed by the court
Whether the petitioner, not named in the FIR but having material against him as a confessional statement of co-accused, is eligible for bail.
Whether the petitioner, who has not been put on a Test Identification Parade, should be released on bail.
1 provisions across 1 enactments
Sonu Singh
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
