In a criminal matter involving murder and robbery, the Patna High Court granted bail to a petitioner in custody, directing him to furnish a bond with sureties before the Additional Sessions Judge.
Petitioner released on bail upon furnishing Rs. 10,000/- bond with two 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.37141 of 2018
Arising Out of PS. Case No.-291 Year-2014 Thana- NARPATGANJ District- Araria
======================================================
Rinku Mehta @ Rinku Singh S/o Chandra Kishore Mehta @ Chandra Kishor Singh, R/o Vill.- Kaluchak, P.S.- Gopalpur, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Braj Kishore Prasad (APP) ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
4 21-08-2018 Heard counsel for the petitioner and counsel for
the State.
The petitioner, who is in custody, seeks bail in connection with Narpatganj P.S. Case No. 291 of 2014 corresponding to S.Tr. No. 26 of 2018 registered for the offences punishable under Sections 394, 302, 120(B) of the Indian Penal Code.
Informant is Panchayat Secretary, who has stated in his fardbeyan that on 25.07.2014 at 10:00 A.M., he with an amount of Rs. 4,22,400/- was proceeding along with other employees on his Bolero Jeep for distribution of said amount among the beneficiaries and in mid way four motorcycle borne criminals stopped their vehicle and on strength of arms snatched away the cash and when there act was resisted by his son they
Patna High Court Cr.Misc. No.37141 of 2018(4) dt.21-08-2018 2/2
shot him from behind and he subsequently died.
It has been submitted on behalf of petitioner that he
is innocent and has been falsely implicated in this case. The F.I.R. is against unknown, his name has surfaced in this case on the basis of confessional statement made by one Umesh Paswan and Pawan Yadav and except confessional statement there is nothing incriminating against the petitioner. It has been further submitted that similarly placed accused Umesh Paswan and Santosh Kumar Mehta @ Manto @ Chootkan Mahto have been allowed bail by co-ordinate bench of this court in Cr. Misc. No. 8528 of 2015 and Cr. Misc. No. 47481 of 2017 vide order dated 09.03.2015 and 18.10.2017 respectively.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Araria, in connection with Narpatganj P.S. Case No. 291 of 2014 corresponding to S.Tr. No. 26 of 2018.
(S. Kumar, J.)
Rajiv/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given his custody and alleged false implication.
1 provisions across 1 enactments
Rinku Mehta
State of Bihar
S. Kummar J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
