The High Court of Patna granted bail to the petitioner accused of offences under IPC 302/34 and Arms Act 27, noting the absence of material evidence apart from an allegedly coerced police confession.
Released on bail with bonds of Rs. 10,000 and two sureties of like amount each.
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.54484 of 2018
Arising Out of PS. Case No.-448 Year-2017 Thana- KOTWALI District- Munger
======================================================
Paras Mani @ Ghatak @ Ghatak Paswan S/o Late Suresh Ram resident of Village Shankarpur, P.S. Muffasil, District Munger.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar Choudhary For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 04-09-2018
Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in connection with Munger Kotwali (Basudeopur) P.S. Case No. 448 of 2017 dated 14.02.2017 instituted for the offences under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.
The petitioner is not named in the FIR and his complicity in the aforesaid offence has transpired only on the basis of his confession before the police.
Learned counsel for the petitioner has submitted that the confession was extracted from him under duress. The petitioner is in custody since 18.05.2018 and there is no other material to connect him with the crime except his so-called confession.
Patna High Court Cr.Misc. No.54484 of 2018(2) dt.04-09-2018 2/2
Regard being had to the period of custody of the petitioner, the nature of accusation and the materials collected against the petitioner, he is directed to be released on bail on his furnishing bail bonds 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, Munger in connection with Munger Kotwali (Basudeopur) P.S. Case No. 448 of 2017.
(Ashutosh Kumar, J)
krishna/-
U T
1 issue framed by the court
Whether the petitioner is to be granted bail given that his only connection to the crime is a confession alleged to be extracted under duress and no material other than the confession exists.
Paras Mani @ Ghatak @ Ghatak Paswan
State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
