The Patna High Court granted bail to the petitioner charged withculpable homicide and mischief, noting he was not named in the FIR, no TID parade was held, and he was already on bail in two other cases.
Petitioner released on bail with bonds of Rs.10,000/- and two sureties of like amount, subject to condition that bailors are close relatives.
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.13529 of 2019
Arising Out of PS. Case No.-4 Year-2016 Thana- PANJWARA District- Banka *
======================================================
SHYAMDEV YADAV, son of Chandar Bhokta, Resident of VillageBandhuwa Kurawa, P.S.- Bandhuwa Kurawa, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Nityanand, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2/ 07-03-2019
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in Panjiwara P.S. Case No.04 of 2016 instituted for the offence under Section(s) 395, 397 Indian Penal Code.
Counsel for the petitioner submits that petitioner is not named in the First Information Report. No Test Identification Parade has been held. Nothing incriminating has been recovered. Name of the petitioner has come during investigation in the confessional statement of the co-accused. Thereafter, charge-sheet has been submitted against the petitioner. Counsel for the petitioner further submits that in two other cases pending against the petitioner, the petitioner is already on bail.
Patna High Court CR. MISC. No.13529 of 2019(2) dt.07-03-2019 2/2
Petitioner is in custody since 30.08.2018.
In the facts and circumstances of the case, prayer of
the petitioner for grant of bail is allowed. 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 Chief Judicial Magistrate, Banka, in connection with Panjiwara P.S. Case No.04 of 2016 , subject to the condition that both the bailors shall be close relative of the petitioner.
(Sanjay Priya, J)
J. Alam/-
U T
1 issue framed by the court
Whether the statutory conditions for granting bail under sections 395 and 397 IPC are met when the petitioner is not named in the FIR, no TID parade was held, and incriminating material was not recove
1 provisions across 1 enactments
Shyamdev Yadav
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
