An oral order granting bail to two petitioners accused of offences under sections 413 and 414 IPC, noting the absence of recovered evidence from their possession. Released on bond with sureties.
Release of petitioners on bail on furnishing bonds of Rs. 10,000 each with two sureties of similar amount to the court at Gaya.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14233 of 2019
Arising Out of PS. Case No.-384 Year-2018 Thana- WAJIRGANJ District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Uma Nath Mishra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
The petitioners are in custody in connection with Wazirganj P.S. Case No. 384 of 2018 for the offences under Sections 413 and 414 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and they are in custody since 04.12.2018. He further submits that nothing was recovered from the conscious possession of the petitioners and the seizure list was not prepared in accordance with the law, but petitioners have been made accused in the instant case only on suspicion. He further submits that residents of 20 kms. away from the
Patna High Court CR. MISC. No.14233 of 2019(2) dt.07-03-2019 2/2
place of occurrence were made witness to the seizure list.
Considering the fact that nothing was recovered from the conscious possession of the petitioners, the Court is inclined to grant bail to the petitioners, let the petitioners named above be released on bail on furnishing bail bonds of Rs.10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Additional Chief Judicial Magistrate 1st , Gaya in connection with Wazirganj P.S. Case No. 384 of 2018.
(Anil Kumar Upadhyay, J)
mdrashid/-
U T
1 issue framed by the court
Whether the petitioners, charged with offences under Sections 413 and 414 IPC, are entitled to bail considering the lack of recovery from their possession and procedural irregularities in the seizure
1 provisions across 1 enactments
Rajesh Manjhi
Dhaneshar Manjhi
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
