This order grants bail to the petitioner in a case involving murder and possession of arms. The petitioner, appearing only through self-confession post-FIR filing, must ensure no defects exist despite allegations of tampering.
Petitioner released on bail bonded with two sureties.
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.29795 of 2020
Arising Out of PS. Case No.-230 Year-2019 Thana- TARIYANI CHOWK District- Sheohar
======================================================
RUPESH KUMAR @ RUPESH @ GOLU Son of Subodh Upadhya @ Subod Padhaya @ Suboth Pathaya Resident of Village - Sahpur, P.S.- Sheohar, District – Sheohar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Sahni, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 11-11-2020
The matter has been listed under the heading ‘For
Orders’ under the orders of Hon’ble the Chief Justice.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in short, is that the accused persons shot fire at the father of the informant due to which he died.
Patna High Court CR. MISC. No.29795 of 2020(2) dt.11-11-2020 2/2
It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.01.2020. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of his self confession made before the Police. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that 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 learned A.C.J.M. -II, Sheohar in connection with Tariyani P.S. Case No. 230/2019.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the accused, not named in the FIR but implicated via self-confession, is entitled to bail in a case involving offences under Sections 302/34 IPC and 27 of the Arms Act.
2 provisions across 2 enactments
Rupesh Kumar @ Rupesh @ Golu
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
