Specifying a limited character pleading for bail in a Section 395 IPC case, the High Court of Judicature at Patna enlarged the petitioner on bail.
Directed that the petitioner be enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties of similar amount.
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.49716 of 2018
Arising Out of PS.Case No. -200 Year- 2018 Thana -SHERGHATI District- GAYA
====================================================== Ajay Paswan Son of Lakshman Ram @ Lakshman Paswan Resident of Village Gandhi Maidan, Police Station - Town, Jehanabad, District - Jehanabad.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
02 20-09-2018 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in Sherghati (Dobhi) P.S. Case No. 200 of 2018 registered under Section 395 of the Indian Penal Code.
6-7 criminal miscreants are said to have looted articles laden truck tying the hands of the driver and khalasi and subsequently leaving them in the forest.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner is not named in the F.I.R. The petitioner has no concern with the said occurrence. There is nothing in the record indicating the
Patna High Court Cr.Misc. No.49716 of 2018 (02) dt.20-09-2018
2
complicity of the petitioner in the occurrence barring the confessional statement of co-accused in para-57 of the case diary which has no evidentiary value in the eye of law. Petitioner was not put on T.I.P. Though two more criminal cases have been lodged against the petitioner but he is on bail in the aforesaid cases. The petitioner has been languishing in custody since 10.05.2018.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on 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, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 200 of 2018.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in an FIR of Section 395 IPC when not named in the FIR and being an indulgent case.
1 provisions across 1 enactments
Ajay Paswan
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
