High Court granted bail to petitioner in case involving armed robbery and culpable homicide not amounting to murder, imposing conditions including local bailors and cooperation in trial.
Petitioner released on bail with bond of Rs. 10,000 and two sureties of like amount, subject to specific conditions of attendance and non-tampering.
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.72906 of 2018
Arising Out of PS. Case No.-12 Year-2000 Thana- GOPALPUR District- Bhagalpur
======================================================
Pappu Dev S/o Late Durga Nand Dev @ Late Durga Dev R/o Village-Bihra P.S. Bihra,Distt.-Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
3 17-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in S. Tr. No.343A/2007 arising
out of Gopalpur P.S. Case No.12 of 2000 registered for the offence punishable under Sections 353, 332, 427, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
Informant is a Police Officer who has stated in his written complaint that while he was on patrolling duty, a Maruti car was signalled to stop but it did not stop and firing was made on the police party and in retaliation, police also fired but after some time the Maruti car stopped and three persons sitting on the said car fled away.
It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement made by one co-accused, Shyam
Patna High Court Cr.Misc. No.72906 of 2018(3) dt.17-12-2018 2/3
Kishore Singh and except the said confessional statement, there is no any other incriminating material against the petitioner. It has further been submitted that similarly placed co-accused, Shyam Kishore Singh and Amarjit Ray have already been granted bail by the court below itself. Petitioner has been remanded in this case on 06.08.2014 and since then he is in custody.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Naughachia in connection with S. Tr. No.343A/2007 arising out of Gopalpur P.S. Case No.12 of 2000, with following 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.72906 of 2018(3) dt.17-12-2018 3/3
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)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail under the given facts and circumstances.
Pappu Dev
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
