Single judge order granting bail to the petitioner in custody since June 6, 2018, for offences under Sections 302, 147, 148, 149, 201 IPC and Section 27 Arms Act, based on a supplementary affidavit clarifying the remand date.
Released on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount each to the C.J.M., Aurangabad.
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.43853 of 2018 (2) dt.02-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43853 of 2018
Arising Out of PS.Case No. -215 Year- 2014 Thana -BARUN District- AURANGABAD
====================================================== Vikash Kumar Yadav, S/o Ram Nandan Yadav, Resident of Chandar Bigha, P.S.- Barun, District- Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri S. Ehteshamuddin
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
Learned counsel for the petitioner has filed a supplementary affidavit making clarification regarding the date of remand.
2 02-08-2018
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody on his remand since 06.06.2018 in connection with Barun P.S. Case No. 215 of 2014 for the offence registered under Sections 302, 147, 148, 149, 201 of the Indian Penal Code and Section 27 of the Arms Act.
Leaned counsel for the petitioner submits that on the basis of the confessional statement made before the police by one co-accused, Rahul Kumar, the name of the petitioner has surfaced and he is languishing in jail on the basis of such confessional statement, which has no evidentiary value. It is further submitted that the co-accused, namely, Sonu Kumar, whose name had already been surfaced on such confessional statement, has since
Patna High Court Cr.Misc. No.43853 of 2018 (2) dt.02-08-2018
been extended the privilege of bail vide order dated 09.11.2017 passed in Cr.Misc. No. 51936 of 2017
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 215 of 2014.
(Anjana Mishra, J)
Jagdish/-
U
1 issue framed by the court
Whether the petitioner should be released on bail despite reliance on a co-accused's confessional statement.
Vikash Kumar Yadav
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
