Regular bail application under Sections 395 and 397 IPC; petitioner not named in FIR, named through co-accused confession with no T.I. parade. Court granted bail on furnishing bail bonds of Rs. 10,000 with two sureties of like amount.
Bail granted: bail bonds Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15491 of 2024
Arising Out of PS. Case No.-618 Year-2023 Thana- BARH District- Patna
======================================================
Gautam Kumar Son of Manoj Sharma Resident of village - Shanti Tola, Berhna, Police Station - Barh, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr. Santosh Kumar Sinha, Advocate For the State : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Barh P.S. Case No. 618 of 2023 instituted for the offence under Sections 395, 397 of the Indian Penal Code.
3. Prosecution case in short is that 5-6 unknown miscreants came inside the house of the informant at night and assaulted the informant as well as his staff. Upon ruckus, they fled away.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-10-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.15491 of 2024(2) dt.12-03-2024 2/2
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Viakash Kumar @ Rajiv Kumar, who has been granted bail by this Court vide order dated 29-01-2024, passed in Cr. Misc. No. 1251 of 2024. It is lastly submitted that, no T.I. parade has been conducted in this case.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and claim based on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barh P.S. Case No. 618 of 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
1 issue framed by the court
Whether petitioner, implicated via co-accused confession and in custody since 01-10-2023, should be granted bail for offences under Sections 395, 397 IPC.
2 provisions across 1 enactments
Gautam Kumar
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
