In a bail application under Section 439 CrPC, the Patna High Court released the petitioner, implicated in snatch and arms possession, on bail with a bond of Rs. 10,000 and two sureties.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the 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.71436 of 2018
Arising Out of PS. Case No.-314 Year-2015 Thana- DUMRA District- Sitamarhi
======================================================
Keshav Singh @ Raju @ Raju Singh @ Keshav Kumar Singh, Son of Devendra Singh, R/o Village-Narha, P.S.-Mejarganj, District-Sitamarhi.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara (APP) ======================================================
The State of Bihar ... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 14-12-2018
Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Dumra P.S. Case No. 314 of 2015 registered for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.
Informant has alleged that when he was going to
bank to deposit Rs. 12 lacs and in way he was intercepted by motorcycle born miscreants who snatched away the money and also fired upon him, causing injury in his right leg and thereafter they fled away with cash with his motorcycle.
It has been submitted on behalf of the petitioner
that he is innocent and has committed no offence. He has been falsely implicated in this case. F.I.R. is against unknown, the name of petitioner has surfaced in this case on the basis of confessional statement made by co-accused Rahul Rai and
Patna High Court Cr.Misc. No.71436 of 2018(3) dt.14-12-2018 2/2
Purshotam Kumar. It has been submitted that except confessional statement of co-accused there is no any other incriminating material found against petitioner. Nothing has been recovered from his possession. He is in custody since 09.05.2017.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned F.T.C.-II, Sitamarhi, in connection with Sessions Trial No. 156 of 2018 arising out of Dumra P.S. Case No. 314 of 2015, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
Rajiv/-
1 issue framed by the court
Whether the petitioner is entitled to bail under the applicable legal standards and conditions for bail.
2 provisions across 2 enactments
Keshav Singh @ Raju @ Raju Singh @ Keshav Kumar Singh
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
