The petition was for bail in a case involving offences under several IPC sections. The petitioner was not named in the FIR and had no direct evidence against him beyond a co-accused confession. He was directed to be released on bail upon furnishing a bond.
Directed to be released on bail on furnishing a bond of Rs. 10,000 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.48029 of 2017
Arising Out of PS.Case No. -12 Year- 2017 Thana -BANDIYA District- AURANGABAD
====================================================== Sailesh Yadav Son of Indra Deo Yadav, R/o Village- Chapra, P.S.- Bandeya , District- Aurangabad.
.... .... Petitioner/s Versus 1. The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 02-01-2018 Heard the learned counsels for the petitioner and for
the State.
The petitioner seeks bail in connection with Bandeya P.S. Case No. 12 of 2017 dated 16.06.2017 instituted for the offences under Sections 341, 323, 353, 385, 427, 435, 504, 506 and 34 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act.
The petitioner is not named in the FIR and his name transpired only in the confessional statement of co-accused persons. The allegation in the FIR is of putting on fire an equipment which is meant for cleaning of the canal, on refusal of the workers to disclose the whereabouts of the operator of the equipment and the contractor.
Patna High Court Cr.Misc. No.48029 of 2017 (3) dt.02-01-2018
2
The petitioner is in custody since 21.06.2017.
Learned counsel for the petitioner has submitted that beyond the aforesaid material viz. the confession of a co-accused, there is no evidence against the petitioner justifying his incarceration in custody. The petitioner was earlier made accused in another case in which he is on bail. Other accused persons of this case have also been granted bail by different Benches of this Court.
Regard being had to the facts aforesaid, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Bandeya P.S. Case No. 12 of 2017.
(Ashutosh Kumar, J)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail given that he is not named in the FIR and lack of direct evidence against him justifying incarceration.
2 provisions across 2 enactments
Sailesh Yadav
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
