In a bail petition arising from a dacoity case, the High Court granted regular bail to the petitioner, noting his late inclusion via a co-accused's confessional statement and lack of recovered evidence.
Release on bail with a bond of Rs. 10,000 and two sureties of similar amount each before the Judicial Railway Magistrate, Gaya.
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.37010 of 2023
Arising Out of PS. Case No.-379 Year-2022 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Naiyer Aajam @ Arbaj Son Of Mahatab Alam Resident Of Village - Sheikh Bahuaara, P.S. - Kochas, Distt. - Rohtas
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Tripurari Sharan For the Opposite Party/s : Mr.Arvind Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 29-11-2023
Heard learned counsel for the petitioner and learned
APP for the State.
2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 397 and 412 of the Indian Penal Code.
Patna High Court CR. MISC. No.37010 of 2023(3) dt.29-11-2023 2/2
police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. Moreover, he is languishing in judicial custody since 16.12.2022.
6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaya Rail P.S. Case No. 379 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Railway Magistrate, Gaya.
(Sunil Kumar Panwar, J)
Shubham/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a dacoity case punishable under sections 395, 397 and 412 IPC.
Whether the confessional statement of a co-accused has evidentiary value for implicating the petitioner.
1 provisions across 1 enactments
Naiyer Aajam @ Arbaj
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
