High Court released the petitioner on bail in a theft and culpable homicide case. The court noted the petitioner was not named in the FIR, no incriminating article was recovered from him, and he was arrested based on suspicion.
Petitioner released on bail of Rs. 10,000 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.67059 of 2018
Arising Out of PS. Case No.-115 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur)
======================================================
Pintu Gupta, Son of Nandu Sah, R/o Village-Bhundi Tekari, P.S.- Mohania, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
6 06-02-2019
Heard learned counsel for the petitioner and the
learned counsel appearing on behalf of the State.
The petitioner is in custody since 04.06.2018 in connection with Kudra P.S. Case No.115 of 2018, G.R. No.795 of 2018 registered for the offence under Sections 379, 328, 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report nor was any incriminating article recovered from his possession. However, in view of the fact that from the place of occurrence, the C.D.R. indicated his presence, the petitioner is languishing in custody. It is further submitted that since the petitioner was arrested purely on suspicion and charge-sheet has already been submitted, he may be extended the privilege of bail. It is
Patna High Court Cr.Misc. No.67059 of 2018(6) dt.06-02-2019 2/3
further submitted that no T.I. Parade has been conducted till date.
In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Kaimur at Bhabua, in connection with Kudra P.S. Case No.115 of 2018, G.R. No.795 of 2018, subject to the following conditions:
(1) Father will be the bailor of the
petitioner.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded,
Patna High Court Cr.Misc. No.67059 of 2018(6) dt.06-02-2019 3/3
and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
In view of the report submitted by the Superintendent of the Police, Kaimur, the explanation offered is accepted and it is directed that he may take necessary steps to control his officials in his jurisdiction.
(Anjana Mishra, J)
PNM/Rakesh
U T
2 issues framed by the court
Whether the petitioner should be granted bail after the charge-sheet was filed and no incriminating article was recovered from his possession.
Whether the High Court can modify the conditions of bail while releasing the petitioner.
1 provisions across 1 enactments
Pintu Gupta
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
