Oral order granting bail to the petitioner in a criminal case for offenses under the IPC, noting that similarly situated co-accused were already released on bail.
Petitioner released on bail on furnishing bond of Rs. 50,000 with two sureties of like amount each to the satisfaction of the CMJ.
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.61560 of 2019
Arising Out of PS. Case No.-228 Year-2019 Thana- MAJHAULIA District- West Champaran
======================================================
SK.SHAHID @ SHAHID @SHAYIR ANWAR @ SAJID ALAM @ SAHID ANWAR Son of Sk. Anirul Haque Resident of Village - Jaukariya, P.S.Majhauliya, Distt - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 01-10-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Majhauliya P.S. Case No. 228 of 2019 for the offenses under Sections 413, 414, 419, 420, 467, 468, 471, 472, 379, 120(B) of the Indian Penal Code.
Learned counsel for the petitioner submits that only on suspicion he has been arrested and nothing incriminating has been found against this petitioner. Learned counsel for the petitioner would submit that the similarly circumstanced two accused persons have been granted regular bail by this Court in Cr.Misc. No. 58129 of 2019 vide order dated 19.09.2019. The petitioner is in custody since 05.05.2019.
Patna High Court CR. MISC. No.61560 of 2019(2) dt.01-10-2019 2/2
Considering the fact that the similarly circumstanced other accused persons have been granted bail by this Court, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 228 of 2019.
(Anil Kumar Upadhyay, J)
uma/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner similarly circumstanced with two co-accused who have already been granted bail.
Whether the petitioner arrested only on suspicion without incriminating evidence should be released on bail.
SK.SHAHID @ SHAHID @SHAYIR ANWAR @ SAJID ALAM @ SAHID ANWAR
The State of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
