High Court granted bail to the petitioner pending the restoration of normalcy, directing release on personal bond immediately, with a requirement to furnish a monetary bond within four weeks.
Released on personal bond to C.J.M., Purnea; to furnish Rs. 10,000 bond with two sureties within four weeks after normalcy restoration.
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.10259 of 2020
Arising Out of PS. Case No.-614 Year-2019 Thana- KHAJANCHI HAT District- Purnia
======================================================
MITHUN SHARMA, (M), aged about 26 years, Son of Subodh Sharma, Resident of Village - Dhamdaha, P.S.- Dhamdaha, District- Purnea.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Raj Kumar, Advocate. For the Opposite Party : Mr. Satyendra Prasad, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 15-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case registered for the offences under Sections 364/34 of the I.P.C.
The prosecution story, in brief, is that on 17.08.2019 Deepak Kumar, the grand-son (Nati) of the informant, went to Ashique Garage for repairing of his Tempo but he did not return. The informant, who is the grand-mother (Nani) of the kidnapped person, has alleged that her grand-son always complained about Pankaj Yadav, Md. Mozim and Krishna Sah, who
Patna High Court CR. MISC. No.10259 of 2020(4) dt.15-06-2020 2/3
always troubled him. When the grand-son of the informant went missing, she suspected the hands of the aforesaid three persons.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 27.08.2019 and has got no criminal antecedent. Charge sheet has been submitted in the present case under Sections 396, 201 and 412 of the I.P.C. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused. Except suspicion, there is no other evidence to suggest the implication of the petitioner in the present case. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 9994 of 2020 under order dated 01.06.2020.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on hisr personal bond to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Hat P.S. Case No. 614 of 2019.
Patna High Court CR. MISC. No.10259 of 2020(4) dt.15-06-2020 3/3
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner qualifies for release on bail without a bond during the COVID-19 pandemic due to lack of criminal antecedent and name not being in the FIR.
2 provisions across 1 enactments
MITHUN SHARMA
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
