The High Court of Patna granted regular bail to the petitioner in the Shamho P.S. Case 2008 involving charges of abduction, murder, and arms possession, directing the furnishing of a bail bond and sureties.
Regular bail granted on furnishing a bail 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.60805 of 2019
Arising Out of PS. Case No.-11 Year-2008 Thana- SAMHO District- Begusarai
======================================================
BIPIN YADAV Son of Bino Yadav @ Binod Yadav Resident of VillageMathar, P.S-Nayagaon, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar For the Opposite Party/s : Mr.Nagendra Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 27-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The present petition has been filed for grant of regular bail on behalf of the petitioner in connection with Shamho P.S. Case No. 11 of 2008, registered for the offence punishable under Sections 147, 148, 149, 364, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is regarding the accused persons, about 14 in number, having abducted the husband of the complainant whereafter the husband of the informant is stated not to have been recovered till date.
The learned counsel for the petitioner submits that there is a general and omnibus allegation levelled against the petitioner herein and there is no material on record of the case
Patna High Court CR. MISC. No.60805 of 2019(3) dt.27-11-2019 2/2
to suggest the complicity of the petitioner as also he is languishing in custody since 01.07.2019. It is further submitted that other similarly situated co-accused persons have already been granted bail vide orders dated 29.03.2010, 09.08.2010, 08.11.2010, 10.08.2011, 22.11.2011, 20.06.2012 and 27.11.2012 passed in Criminal Misc. Nos. 9114 of 2010, 28851 of 2010, 37231 of 2010, 26302 of 2011, 38488 of 2011, 18757 of 2012 and 42029 of 2012 respectively.
Having regard to the facts and circumstances of the present case, this Court deems it fit and proper to grant regular bail to the petitioner, above named, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand), with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Shamho P.S. Case No. 11 of 2008.
(Mohit Kumar Shah, J)
S.Sb/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner in relation to charges of abduction and murder under sections 147, 148, 149, 364, 302/34 of the Indian Penal Code and Section 27 of the Arms Ac
2 provisions across 2 enactments
BIPIN YADAV
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
