Single judge of Patna High Court allowed a criminal miscellaneous petition from a petitioner held in custody under an offence of robbery. The court granted bail upon furnishing a bond.
Petitioner to be released on bail by furnishing a bail bond of Rs. 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.57838 of 2018
Arising Out of PS. Case No.-67 Year-2018 Thana- BELDOUR District- Khagaria
======================================================
Md. Alam, Son of Late Bohuru Ali, Resident of Village- Karuamor, P.S.Chautham, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
2 20-09-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is in custody since 18.05.2018 in connection with Beldaur P.S. Case No. 67 of 2018, G.R. No. 994 of 2018 for the offence registered under Section 395 of the Indian Penal Code.
Learned counsel for the petitioner submits that he is not named in the FIR but subsequently on the basis of the confessional statement made before the police by one Md. Irfan, the petitioner has been taken into custody. It is further submitted that such a confessional statement made by the co-accused has no evidentiary value and the petitioner has no criminal antecedent. There is no recovery made from conscious possession of the petitioner.
Patna High Court Cr.Misc. No.57838 of 2018(2) dt.20-09-2018 2/2
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Khagaria, in connection with Beldaur P.S. Case No. 67 of 2018, G.R. No. 994 of 2018.
(Anjana Mishra, J)
khushbu/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail given his custody based on a co-accused's confessional statement without being named in the FIR.
Whether recovery of evidence from the petitioner's conscious possession was made.
Md. Alam
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
