In two criminal miscellaneous applications for regular bail arising from a robbery and murder case in Supaul, the bench granted bail to the petitioners, including one accused in nine other cases, upon furnishing a bail bond with sureties.
Granted bail by enlarging petitioners on furnishing a bail bond of Rs. 20,000 each with two sureties of the like amount.
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.51215 of 2022
Arising Out of PS. Case No.-33 Year-2021 Thana- PIPRA District- Supaul
====================================================== ANAMUL @ MD. ANAMUL @ ANAMUL KHAN @ MD. ANAMUL KHAN S/O LATE AGHANU Resident of village- Thadhi Bhawanipur, P.S.Pipra District- Supaul.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 51259 of 2022
Arising Out of PS. Case No.-33 Year-2021 Thana- PIPRA District- Supaul
======================================================
PRAMOD DAS SON OF SATYADEV DAS R/O VILLAGE- KAHARA, P.S. AND DISTRICT- SAHARSA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 51215 of 2022) For the Petitioner/s : Mr.Nafisuzzoha For the Opposite Party/s : Mr.Sanjay Kumar Tiwary APP (In CRIMINAL MISCELLANEOUS No. 51259 of 2022) For the Petitioner/s : Mr.Ashok Kumar Advocate For the Opposite Party/s : Ms.Sharda Kumari APP : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 21-12-2022
Learned counsel for the petitioners is permitted to
remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 398, 302,
Patna High Court CR. MISC. No.51215 of 2022(2) dt.21-12-2022 2/3
307 and 120B of the Indian Penal Code and sections 25(1B)(a), 27 and 35 of the Arms Act.
As per the prosecution case, six unknown miscreants entered the shop of the informant and attempted to rob it on gun point. The miscreants shot the elder son of the informant dead, and further shot the informant in his lower rib and his younger in his head and also shot one shop staff.
Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners has sprung up in the confessional statement of the co-accused persons. The petitioners are not named in the FIR. The other co-accused persons have been granted bail by the Co-ordinate Benches vide orders dated 24.03.2022, 26.05.2022 and 28.07.2022 passed in Cr. Misc No. 50157 of 2021, 7135/2022 and 11619 of 2022 respectively. Nothing has been recovered from the possession of the petitioners. The petitioner no.1 has clean antecedent as stated in para 3 of the bail petition whereas the petitioner no. 2 is accused in nine other criminal cases. The petitioner no. 1 is in custody since 20.12.2021 and the petitioner no. 2 is in custody since 15.03.2021.
Learned A.P.P. for the State has opposed the bail
Patna High Court CR. MISC. No.51215 of 2022(2) dt.21-12-2022 3/3
petition of the petitioners.
Considering the aforesaid facts and circumstances, as well as the period of detention, the petitioners, above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned Supaul, in connection with Pipra P.S. Case No. 33 of 2021.
The petitioner no.2 Pramod Das is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
The application stands allowed.
niku/- U T
(Chandra Prakash Singh, J)
2 issues framed by the court
Whether the petitioners should be granted regular bail in the present case after they have been in custody for a period of time.
Whether the petitioners were falsely implicated as their names appear only in the confessional statement of co-accused.
2 provisions across 2 enactments
Anamul @ MD. Anamul Khan
Pramod Das
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
