The Patna High Court granted bail to Raushan Kumar, who was in custody under a high-profile murder case, despite not being in the initial FIR, primarily because a co-accused had already been granted bail.
The petitioner to be released on bail on furnishing a bond 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.79573 of 2018
Arising Out of PS. Case No.-114 Year-2015 Thana- MATIHANI District- Begusarai
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Raushan Kumar Son of Arvind Kumar Singh, resident of Village - Sihma, P.SMatihani, District - Begusarai, at present Sir Ganesh Dutt Nagar, P.S.- Nagar, District - Begusarai
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Babita Kumari For the Opposite Party/s : Mr.Sri Rajballabh Singh ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 30-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 28.09.2018 in connection with Matihani P.S. Case No. 114 of 2015 for the offence registered under Sections 147, 148, 149, 452 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is not named in the first information report but his name has surfaced in the statement of one Rinku Devi, who has stated that he along with others, who are named in the first information report and one other co-accused, namely, Prince Kumar @ Prem Kumar and unknown persons killed her brotherin-law.
Patna High Court Cr.Misc. No.79573 of 2018(2) dt.30-01-2019 2/2
It is further submitted that the statement of the said witness is based upon some hearsay information received by her as she was not at the place of occurrence on the concerned date. It is further submitted that had this petitioner been part of the first information, he too would have been named in the first information report itself by the wife of the deceased and the brother of the deceased as this petitioner is well known to them.
Considering the aforesaid facts and circumstances of the case and also because one co-accused, namely Prince Kumar @ Prem Kumar, who has also been named by the some witnesses, has since been extended the privilege of regular bail vide order dated 09.11.2017 passed in Cr. Misc. No. 52360 of 2017, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, -1st , Begusarai. in connection with Matihani P.S. Case No. 114 of 2015.
(Anjana Mishra, J)
Jagdish/-
U T
1 issue framed by the court
Whether the petitioner who is in custody should be released on regular bail considering the discrepancies in the First Information Report and the grant of bail to a co-accused.
6 provisions across 2 enactments
Raushan Kumar
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
