The High Court of Patna granted bail to the petitioner in a criminal case involving offences under IPC 307/34 and Arms Act 27, despite his implication via a co-accused's confessional statement not being in the FIR.
Release on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the CJM, Khagaria.
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.45099 of 2018
Arising Out of PS.Case No. -652 Year- 2017 Thana -KHAGARIA District- KHAGARIA
====================================================== Sumit Kumar Yadav, S/o Late Nepali Yadav, R/o Vill.- Katariya, P.S.Kursela, District- Katihar.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s : Mr. Renu Kumari, APP
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 06-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 13.03.2018 in connection with Khagaria P.S. Case No.652 of 2017 registered for the offence under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., but on the basis of confessional statement of co-accused Murari Kumar before the police, the petitioner has been implicated in connection with the present case. It is further submitted that such confessional statement of co-accused before the police has no evidentiary value and that the petitioner has only one other criminal
Patna High Court Cr.Misc. No.45099 of 2018 (2) dt.06-08-2018
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antecedent, in which he has already been granted bail.
Considering the aforementioned facts and
circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No.652 of 2017.
(Anjana Mishra, J)
PNM
U T
1 issue framed by the court
Whether the petitioner, who is not named in the F.I.R. but implicated via a co-accused's confessional statement, is entitled to bail while in custody.
2 provisions across 2 enactments
Sumit 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
