Single judge order granting bail to a dacoity accused held in custody since July 29, 2018, providing bonds and two sureties to the Chief Judicial Magistrate.
Petitioner released on bail furnishing Rs. 10,000 bond with two sureties of the same amount to the Chief Judicial Magistrate, Madhubani.
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.18025 of 2019
Arising Out of PS. Case No.-185 Year-2006 Thana- RAJNAGAR District- Madhubani
======================================================
Krishna Narayan Paswan Son f Mintri Paswan @ Misri Paswan, Resident of Village- Dokhar, P.S.- Kaluahi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Mr.Anand Kishore Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 15-07-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.
The prosecution case in short is that at night, the miscreants having weapons in their hand entered into house of the informant, assaulted him and looted away ornaments.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 29-07-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the
Patna High Court CR. MISC. No.18025 of 2019(6) dt.15-07-2019 2/2
petitioner in the present case.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, 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 Chief Judicial Magistrate, Madhubani in connection with Rajnagar P.S. Case No. 185 of 2006.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a charge for dacoity with armed weapons in the absence of tampering allegations and as a non-FIR name.
1 provisions across 1 enactments
Krishna Narayan Paswan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
