The Patna High Court granted bail to the petitioner in a criminal case involving offences under Sections 395, 397 IPC and Section 27 of the Arms Act, noting he was not named in the FIR and had no criminal antecedents.
Petitioner released on bail on bond of Rs. 10,000 with two sureties of the like amount each.
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.36253 of 2019
Arising Out of PS. Case No.-558 Year-2018 Thana- SARAIYA District- Muzaffarpur
======================================================
RAJA YADAV @ ABINASH Son of Mathura Prasad Yadav Resident of Village - Thagepur, P.S.- Paroo, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raju Kr. Goswami Mr. Pradhan Murli Manohar Prasad, Advocates For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 04-09-2019
Heard learned counsels for the petitioner and the
State.
Petitioner seeks bail in connection with Saraiya P.S. Case No. 558 of 2018 registered for the offence punishable under sections 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel appearing for the petitioner submits that petitioner is not named in the first information report and he has been implicated in this case on basis of confessional statement of co-accused. Similarly situated coaccused persons have been granted bail by different coordinate Benches of this Court vide orders dated 09.05.2019, 26.06.2019, 01.08.2019 and 26.08.2019 passed in Cr. Misc.
Patna High Court CR. MISC. No.36253 of 2019(3) dt.04-09-2019 2/2
Nos. 30994 of 2019, 21651 of 2019, 30524 of 2019 and 39691 of 2019 respectively. Learned counsel has produced the web copy of the aforesaid orders. Let it be kept on record. Petitioner has no criminal antecedent and is in custody since 18.12.2018.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, 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 Additional Chief Judicial Magistrate, I, West Champaran, Muzaffarpur in connection with Saraiya P.S. Case No. 558 of 2018.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given he is not named in the FIR and implicated solely on the basis of a co-accused's confessional statement.
2 provisions across 2 enactments
Raja Yadav
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
