The High Court at Patna granted bail to the petitioner, who was in custody under Sections 302, 364, and 379 IPC, ordering him to furnish a bond of Rs. 10,000 with two sureties.
Enlargement on bail by furnishing a bond of Rs. 10,000 with two sureties to the satisfaction of the learned 5th Additional and Sessions Judge at Purnia.
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.73857 of 2018
Arising Out of PS. Case No.-62 Year-2017 Thana- KHAJANCHI HAT District- Purnia
====================================================== Ekram @ Ibram @ Md. Ekram S/o- Abdul Rahman, resident of Village- Tapra Tola, P.S.- Inerwa, District- Sansari (Nepal) and presently residing at VillageBarahmpur, P.S.- Balwa, District- Supaul (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Giri For the Opposite Party/s : Mr.Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 09-01-2019
Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
Petitioner had earlier moved for bail which was rejected vide order dated 12.09.2017 passed in Cr. Misc. No. 29433 of 2017.
Petitioner is languishing in judicial custody since 12.02.2017 in connection with K.Hat (Madhubani) P.S. Case No. 62 of 2017 (corresponding to Sessions Trial No. 243 of 2017) for offences punishable under Sections 364, 379, 302, of the Indian Penal Code.
The prosecution case as lodged by the informant who is the car owner, is that he had appointed one Bablu Kumar Goswami as his driver 3-4 months back. The said Bablu Kumar
Patna High Court Cr.Misc. No.73857 of 2018(3) dt.09-01-2019 2/3
Goswami had taken the car of the informant but did not return. Later on his dead body has been recovered.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and it is only on the basis of his confessional statement and confessional statement of other co-accused before the police that petitioner has been made accused. He also submits that trial has commenced and he undertakes to cooperate in the trial on day to day basis. It has further been submitted that one of the coaccused Ramesh Yadav has been granted the privilege of bail on similar allegations in Cr. Misc. No. 46545 of 2018 on 29.08.2018 and petitioner is languishing in judicial custody since nearly two years.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional and Sessions Judge, at Purnia, District-Purnia in connection with K.Hat (Madhubani) P.S. Case No. 62 of 2017 (corresponding to Sessions Trial No.
Patna High Court Cr.Misc. No.73857 of 2018(3) dt.09-01-2019 3/3
243 of 2017).
(Nilu Agrawal, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail given the allegations under Sections 364, 379, and 302 of the Indian Penal Code and the trial commencement.
1 provisions across 1 enactments
Ekram
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
