This is an oral bail order in criminal miscellaneous matter arising under Sections 395, 397 IPC and Section 27 Arms Act. The petitioner, not named in the FIR but transpired via confession, was granted bail after a year of custody.
Released on bail upon furnishing a 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.79615 of 2018
Arising Out of PS. Case No.-35 Year-2018 Thana- MADHEPUR District- Madhubani
======================================================
Sharwan Mandal @ Sharwan Kumar Mandal Son of Ganga Prasad Gupta @ Ganga Mandal Resident of Village - Belhi Mahadmanth, P.S.- Andharmath, District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bimal Kumar For the Opposite Party/s : Mr.Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
7 15-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 395, 397 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case in short is that the accused persons looted away cash Rs. 13,00,000/- and mobile from employees of Mathlanchan Petrol Pump, Madhepur. It is also alleged that with a view to create terror, the miscreants fired.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 17-06-2018. Charge sheet has already been submitted. The petitioner is not named in
Patna High Court CR. MISC. No.79615 of 2018(7) dt.15-07-2019 2/2
the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade. The petitioner has remained in custody for about a year.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. S. Prasad, learned Judicial Magistrate-Ist Class, Jhanjharpur at Madhubani in connection with Madhepur P.S. Case No. 35 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioner is eligible for release on bail considering he was not named in the FIR and has been in custody since 17-06-2018.
2 provisions across 2 enactments
Sharwan Mandal
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
