The High Court granted regular bail to the petitioner in a kidnapping case where the victim was recovered before the petitioner's custody. The court noted the investigation concluded and another co-accused had already received bail.
Directs the petitioner to be enlarged on bail by furnishing a bond of Rs.10,000 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.75424 of 2023
Arising Out of PS. Case No.-378 Year-2021 Thana- SITAMARHI District- Sitamarhi
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Md. Akbar, aged about 40 years, Son Of Md. Amin Ansari, Resident Of Village - Bhairo Kothi, P.S. - Sitamarhi, District - Sitamarhi
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
Heard learned counsel for the petitioner and learned APP of the State.
Patna High Court CR. MISC. No.75424 of 2023(2) dt.01-12-2023 2/2
of the registry office. It is submitted that the prosecution is only relying on the confessional statement of the co-accused namely Md. Murad. The petitioner is in judicial custody since 17.8.2023, and similarly situated Co-accused namely Md. Murad and Md. Jafar have already been granted bail by coordinate Bench of this Court passed in Cr. Misc. No. 62307 of 2021 and Cr. Misc No. 67833 of 2021 respectivley.
(Ramesh Chand Malviya, J)
Brajesh Kumar/- U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail given that the victim was recovered before his custody and the investigation has concluded.
Whether the reliance on the co-accused's confession alone warrants continued custody.
1 provisions across 1 enactments
Md. Akbar
THE STATE OF BIHAR
RAMESH CHAND MALVIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
