In an original criminal miscellaneous petition filed by a petitioner held in judicial custody, the High Court granted bail on conditions subject to furnishing a bond with sureties, noting allegations of false implication due to enmity and lack of trial identification.
Release on bail bond of Rs.10,000 with two sureties of 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.78456 of 2018
Arising Out of PS. Case No.-270 Year-2014 Thana- BAKHTIYARPUR District- Patna
======================================================
Raucky Kumar, S/o Sri Delip Singh @ Delip Kunvar, Resident of VillageDumari (Allahchak) Mohanpur, P.S.- Patori, district- Samastipur, Whereas at present Residing at village Bakhtiarpur, P.S.- Bakhtiarpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Birendra Sharma, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 28-01-2019
Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 01.06.2018 in
connection with Bakhtiarpur P.S. Case No.270 of 2014 registered for the offence under Sections 323, 341, 406, 385, 394, 448, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the name of the petitioner has transpired on the basis of confessional statement made before the police by one Lakshman Paswan. It is further submitted that the name of the petitioner was dragged only on account of enmity of the petitioner with the said Lakshman Paswan. He has nothing to do with the occurrence. The nature of allegation is frivolous and till date he has not been placed on T.I. Parade.
Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on
Patna High Court Cr.Misc. No.78456 of 2018(2) dt.28-01-2019 2/2
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 A.C.J.M.-I, Barh, in connection with Bakhtiarpur P.S. Case No.270 of 2014, subject to the following conditions:
(1) Father is 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, 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.
(Anjana Mishra, J)
khushbu/Rakesh U T
1 issue framed by the court
Whether a petitioner in custody, alleged falsely due to enmity and without being placed on T.I. Parade, should be granted bail.
1 provisions across 1 enactments
Raucky Kumar
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
