The Court rejected a bail application filed by two petitioners in custody for robbery under Section 392 IPC. The Court held that the prayers were unsustainable given the nature of the offence and the petitioners' criminal antecedents.
The prayer for bail for the petitioners was rejected.
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 JHARKHAND AT RANCHI
B.A. No. 1691 of 2023
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.... .... …. Petitioners
Versus
The State of Jharkhand .... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners : Mr. Ramesh Kumar, Advocate For the State : Mr. Rajesh Kumar, A.P.P.
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Order No.05 Dated : 19.06.2023
Heard both the sides.
The petitioners- Birendra Bhuiyan @ Balram Bhuiya and Vivek Kumar Chandravanshi @ Vivek Kumar are in custody since 18.10.2022 in connection with Daltonganj Sadar P.S. Case No. 30 of 2022 for the offence registered under Section 392 of the I.P.C. pending in the Court of Chief Judicial Magistrate, Palamau at Daltonganj.
As per the prosecution case, robbery was committed in which motorcycle, mobile and valuables of the informants were looted.
It is submitted by the learned counsel on behalf of petitioners that nothing has been seized from them, they have not been put on TIP and have been implicated in the case only on the basis of suspicion.
Learned A.P.P. opposed the prayer for bail. It is submitted that both the petitioners are professional criminals and have criminal antecedents of being involved in similar such cases. Although the petitioner has not been put on TIP but the substantive evidence of identification is in Court during trial.
Considering the nature of offence and the criminal antecedent, the prayer for bail of the petitioners, is hereby, rejected.
(Gautam Kumar Choudhary, J . )
Anit
1 issue framed by the court
Whether bail should be granted to the petitioners in custody for an offence under Section 392 of the I.P.C. considering their anterior criminal record.
1 provisions across 1 enactments
Birendra Bhuiyan @ Balram Bhuiya
Vivek Kumar Chandravanshi @ Vivek Kumar
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
