In a bail application filed by Rakesh Yadav fearing arrest in a murder case, the High Court granted bail subject to a bond of Rs. 25,000 with two sureties. The court exercised its powers under Section 438(2) CrPC.
Petitioner granted bail on furnishing bond of Rs. 25,000 with two sureties to be surrendered within six weeks.
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.9997 of 2019
Arising Out of PS. Case No.-17 Year-2013 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Rakesh Yadav @ Shekhar Babu S/o Late Dashrath Yadav R/o VillageGopalpur, P.S.- Industrial, District- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Madhu Prasun For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 29-04-2019
The petitioner is apprehending his arrest in connection
with Kajraili P.S.Case no.17/23 is corrected to Industrial P.S.Case No.17/13 arising out of Industrial P.S.Case no.17 of 2013 , registered for offences punishable under Sections 302/201/34 of the Indian Penal Code.
Allegation against the petitioner is that they abused the informant on the ground of theft of the mobile and on protest they have abused and there is allegation against this petitioner that he threatened that if the mobile was not found found, he will assault them and thereafter ten years old son of the informant was traceless and later on his dead body was found.
Submission of the learned counsel for the petitioner is
Patna High Court CR. MISC. No.9997 of 2019(4) dt.29-04-2019 2/2
that in this case charge sheet has been submitted not finding the case true against the petitioner but later on cognizance has been taken and except suspicion there is absolutely nothing against the petitioner.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Industrial P.S.Case No.17 of 2013, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is
allowed.
(Vinod Kumar Sinha, J)
chn/- U T
2 issues framed by the court
Whether to grant bail to the petitioner apprehending arrest in connection with murder and causing death offences.
Whether conditions for bail should be laid down subject to Section 438(2) CrPC.
2 provisions across 2 enactments
Rakesh Yadav @ Shekhar Babu
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
