Justice Arvind Srivastava granted bail to the petitioner, Tohid, in connection with FIR No. 11 of 2020 at Palasi PS under Section 392 IPC. The Court released him on a personal bond, noting the lack of incriminating evidence and the nature of his confinement.
Release on bail on furnishing a personal bond to the satisfaction of the learned C.J.M.-1st, Araria.
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.24966 of 2020
Arising Out of PS. Case No.-11 Year-2020 Thana- PALASI District- Araria
======================================================
TOHID Son of Shah Jauddin Resident of Village - Tarbi, P.S.- Palasi, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr. Shailendra Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 15-12-2020
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Palasi
P.S. Case No. 11 of 2020 for the offence under Sections 392 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the F.I.R. has been lodged against the unknown persons and the petitioner is not named in the instant F.I.R. Moreover, on the basis of confessional statement of the co-accused Zafar, this petitioner has been made accused in this case and except confession, no cogent material has come during course of
Patna High Court CR. MISC. No.24966 of 2020(4) dt.15-12-2020 2/2
the investigation against the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is rotting in judicial custody since 13.02.2020.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned C.J.M.-1st, Araria in connection with Palasi P.S. Case No. 11 of 2020.
(Arvind Srivastava, J)
brajesh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a non-cognizable case where he is mistakenly named as an accused based solely on a confessional statement.
Whether exceptional circumstances exist for the release of the petitioner who has been in judicial custody since 13.02.2020 under a disputed charge.
1 provisions across 1 enactments
Tohid
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
