The High Court at Patna granted bail to the petitioner in a robbery mangled to murder case under IPC and Arms Act, directing furnishing of bond with sureties and resident bailors.
Petitioner to be released on bail by furnishing bond of Rs.20,000 with two sureties of 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.23454 of 2019
Arising Out of PS. Case No.-170 Year-2015 Thana- SINGHESHWAR District- Madhepura
======================================================
MUNNA KUMAR Son of Bhupendra Yadav. Resident of Village- Chouraha, P.S.- Shankarpur, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha For the Opposite Party/s : Mr.Sharda Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 11-06-2019
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 394, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The F.I.R. of the occurrence of robbery is against
three unknown persons. Petitioner is in custody since 14.11.2015. Petitioner was never put on Test Identification Parade, nor anything was recovered from his possession, rather name of the petitioner surfaced in the confessional statement of co-accused.
On that material, prayer for bail of the petitioner was refused earlier on 28.03.2016 and thereafter on 09.11.2016. However, the report of the learned trial judge would reveal that
Patna High Court CR. MISC. No.23454 of 2019(4) dt.11-06-2019 2/2
the prosecution evidence is not complete up till now.
Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No.34 of 2016, arising out of Singheshwar Police Station Case No.170 of 2015, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
abhishek/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving offences under Sections 394, 302/34 of the IPC and Section 27 of the Arms Act.
Munna Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
