In a bail application under Sections 395 and 397 IPC arising from a dacoity case, the High Court granted bail to the petitioner for nine months of custody, emphasizing the absence of criminal antecedents.
The petitioner is enlarged on bail by furnishing a bond of Rs. 25,000 with two sureties of the 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.60322 of 2019
Arising Out of PS. Case No.-327 Year-2018 Thana- CHAKIA District- East Champaran
======================================================
RAMAYAN KUMAR MAHTO @ RAMAYAN MAHTO Son of Lal Babu Mahto Resident of Village- Madhopur Parsauni Jahangir, Police StationSahebganj, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr.Satyadeo Singh Yadav, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 26-09-2019 Heard learned counsel for the petitioner and learned
learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Chakia P.S. Case No. 327 of 2018 for the offenses under Sections 395 and 397 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner has no criminal antecedent. The petitioner is in custody since 22.12.2018.
From the FIR it appears that 25-50 persons have committed dacoity. The petitioner was not named in the FIR. His name surfaced on the confessional statement of co-accused Kishan Kumar.
Considering the fact that the petitioner has no
Patna High Court CR. MISC. No.60322 of 2019(2) dt.26-09-2019 2/2
criminal antecedent and he has remained in custody for 9 months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in connection with Chakia P.S. Case No. 327 of 2018.
(Anil Kumar Upadhyay, J)
spandey/-
U T
1 issue framed by the court
Whether the petitioner shall be enlarged on bail considering his lack of criminal antecedents and prolonged custody.
1 provisions across 1 enactments
Ramayan Kumar Mahto
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
