In a dacoity and murder case, the Patna High Court, on 6-08-2021, directed to enlarge the petitioner on bail.
Directed that the petitioner be enlarged on bail by furnishing a bond of Rs. 10,000 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.15372 of 2021
Arising Out of PS. Case No.-623 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
======================================================
GANGA PASWAN @ GANGARAM PASWAN @ GANGO RAM Son of Late Bindeshwar Paswan @ Bindeshwari Paswan Resident of Village - Hariharpur, P.S.- Teghra, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Singh For the Opposite Party/s : Mr.Shantanu Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 06-08-2021
This matter is taken up for consideration through Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Mufassil (Singhaul) P.S. Case No. 623 of 2019, registered for the offence punishable under Sections 399, 402, 414, 120(B), 115 of the Indian Penal Code and sections 25(1-B)a/26/35 of the Arms Act.
As per the prosecution case, on secret information that some miscreants have gathered for committing dacoity and murder, raid was conducted and on seeing the police party, accused persons started fleeing away. Three miscreants were
Patna High Court CR. MISC. No.15372 of 2021(3) dt.06-08-2021 2/3
apprehended on the spot who disclose the name of petitioner as one of the persons who fled away after seeing the police party.
It is submitted on behalf of the petitioner that no arms and ammunitions have been recovered from possession of this petitioner and he has been made accused in this case only on the basis of confessional statement of co-accused and apart from that there is no material against this petitioner. Petitioner is in custody since 17.08.2020 having clean antecedent. Chargesheet has already been submitted.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Mufassil (Singhaul) P.S. Case No. 623 of 2019, subject to following conditions:-
(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.15372 of 2021(3) dt.06-08-2021 3/3
(ii) If the petitioner tampers with the evidence or the
witnesses of the case, in that case, prosecution will be at liberty
to move for cancellation of bail of the petitioner.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a dacoity and murder case pending trial.
Ganga Paswan @ Gangaram Paswan @ Gango Ram
State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
