Single judge of the Patna High Court granted regular bail to the petitioner in a murder charge case (Section 392 IPC) by furnishing a bond of Rs. 30,000 with two sureties subject to specific conditions.
Regular bail granted on furnishing bond of Rs. 30,000 with two sureties of like amount subject to specific conditions.
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.66662 of 2023
Arising Out of PS. Case No.-167 Year-2021 Thana- KUMAR KHAND District- Madhepura
======================================================
Md. Kalim @ Kalam @ Kalim @ Kalam, Son Of Md. Jamruddin @ Jamruhin Resident Of Village - Pokhariya Tola, Police Station - Srinagar, District - Madhepura
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Md. Anbzarul Haque Sahara ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 20-12-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.66662 of 2023(3) dt.20-12-2023 2/4
involvement of the present petitioner in the loot . Counsel further submits that the said co-accused who has confess the name of the petitioner has been granted bail by the Co-ordinate Bench of this Court vide order dated 15.09.2022 passed in Cr. Misc. No. 24727 of 2022.
Patna High Court CR. MISC. No.66662 of 2023(3) dt.20-12-2023 3/4
Case No. 167 of 2021, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
Patna High Court CR. MISC. No.66662 of 2023(3) dt.20-12-2023 4/4
cases relating to magisterial nature shall run before one Magistrate and all sessions triable cases shall run before one
Sessions Court.
(Dr. Anshuman, J.)
Divyansh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with Section 392 IPC charges despite a tainted antecedent.
2 provisions across 2 enactments
Md. Kalim @ Kalam @ Kalim @ Kalam
The State Of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
