The High Court allowed the bail application of the petitioner in a criminal case alleging dacoity, where he was in custody but not named in the chargesheet.
Petitioner to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount who 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.26661 of 2019
Arising Out of PS. Case No.-149 Year-2017 Thana- RAJIVNAGAR District- Patna
======================================================
RAJESH KUMAR Son of Rishi Dev Roy, Resident of Village-Chitrasenpur, P.S.-Sonepur, District-Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prem Ranjan Kumar For the Opposite Party/s : Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
5 07-08-2019
Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in Rajeev Nagar P.S. Case No. 149/2017, instituted for offence under Section(s) 395 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is not named in the written report. His name has come during investigation in the confessional statement of co-accused Prince Kumar. There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held in this case.
The other co-accused has already been granted bail by this Court vide order dated 05.11.2018 passed in Cr. Misc. No. 65585/2018.
Patna High Court CR. MISC. No.26661 of 2019(5) dt.07-08-2019 2/2
Petitioner is in custody since 30.04.2018.
Considering the aforesaid facts and circumstances,
prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge IIIrdcum-A.C.J.M., Patna, in connection with Rajeev Nagar P.S. Case No. 149/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
rakhi/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is not named in the written report but appeared in a co-accused confessional statement and is in custody.
1 provisions across 1 enactments
RAJESH KUMAR
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
