In an appeal for bail in a murder and arms case, the High Court observed the lack of substantive material linking the petitioner to the crime, leading to the direction of release on bail despite the serious charges.
Released on bail of Rs.20,000 with two sureties of similar 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.17180 of 2023
Arising Out of PS. Case No.-948 Year-2022 Thana- ARA NAGAR District- Bhojpur
======================================================
Md. Amir, S/O Md. Mokhatar, Resident of Village- Dharhara, P.S.- Ara (T), District- Bhojpur, Ara.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
| ============== Appearance : |
======================================== |
|---|---|
| For the Petitioner/s | : Mr.Bachan Jee Ojha, Advocate |
| For the State | : Mr.Mohammed Arif, APP |
| For the Informant ============== |
: Mr. Madanjeet Kumar, Advocate Mr. Akash Kumar Mishra, Advocate ======================================== |
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 22-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.17180 of 2023(3) dt.22-05-2023 2/3
case. The petitioner has been named in this case on the basis of confessional statement of co-accused Md. Akhtar Hussain. Except for this confessional statement of the co-accused, nothing has come on record against the petitioner showing his complicity in the alleged occurrence. Even in the confessional statement, no role has been assigned to this petitioner for any overt act except saying that the petitioner is a friend of the coaccused. The petitioner is in custody since 21.11.2022 and the charge sheet has been submitted. The petitioner is having clean antecedent. Similarly placed co-accused persons have been granted bail by a Coordinate Bench of this Court vide order dated 16.05.2023 passed in Cr. Misc. No.11390 of 2023 and its analogous case.
Patna High Court CR. MISC. No.17180 of 2023(3) dt.22-05-2023 3/3
substantive material to connect the petitioner with the offence as alleged and further considering the submission of charge sheet and period of the custody of the petitioner as well as his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara (Town) P.S. Case No. 948 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail considering the lack of substantive material connecting him to the offence.
Whether the charge sheet filing and duration of custody justify release on bail given the petitioner's clean antecedents.
1 provisions across 1 enactments
Md. Amir
The State Of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
