This single-judge order grants bail to a petitioner charged with murder and arms offences. The High Court released him upon furnishing a bond and sureties, noting his arrest only after a confession by a co-accused.
Petitioner released on bail by furnishing bond of ₹10,000 with two sureties of like 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.51566 of 2018
Arising Out of PS.Case No. -306 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH)
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Gyasuddin Ansari, Son of Nazir Ansari, resident of village - Semari Bhawanipur, P.S. Nawalpur (Jogapatti), District - West Champaran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Brij Kishor Mishra, Advocate. For the Opposite Party : Mr. Ajay Kumar-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner is languishing in custody since 16.05.2018 in a case for the offence registered under Sections 302 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that one Shyamdeo Giri was living with the informant since 1970 as servant and used to serve the informant. On 13.06.2016 at about 10.00 P.M., said Shyamdeo Giri due to hot season after taking meal slept at the Verandah of the house. The informant at about 5.30 A.M. tried to get awoke him but he did not wake up and after sometime informant again tried to get him awoke but in vain. After that the
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informant told a woman to get him awoke then she told that he is dead and is stained in blood. It is further alleged that people gathered over there and one Pamphlet of Royal Group and a bullet was found. The said Shyamdeo Giri was shot dead by bullet on his forehead.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of coaccused. Except for confessional statement of co-accused, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is circumstantial evidence to suggest the participation of the petitioner in the present case.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bettiah, West
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Champaran, in connection with Bettiah Town P.S. Case No. 306 of 2016.
U.K./- (Sudhir Singh, J) U T
1 issue framed by the court
Whether the petitioner should be released on bail when implicated via confessional statement without FIR naming or eyewitness evidence.
2 provisions across 2 enactments
Gyasuddin Ansari
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
