Patan High Court allowed bail to the petitioner in a robbery case under Section 392 of the Penal Code. He is to furnish a bond of Rs. 10,000 with sufficient sureties and appear before the trial court.
Petitioner released on bail with a bond of Rs. 10,000 and two sureties subject to conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18042 of 2013 ====================================================== 1. Mukesh Rai S/O Baidyanath Rai R/O Village - Maithi, P.S. Gayghat, District - Muzaffarpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 4 08-10-2013 Heard Mr. Sanjay KR for the petitioner and Mr. Jitendra Kumar Singh learned APP for the State. Petitioner seeks bail in a case instituted under section 392 of the Penal Code.
As per the prosecution case, when the informant was returning home along with his father on a motorcycle ( Bajaj Platina) three miscreants blocked the way and robbed of his motorcycle on pistol point.
Learned counsel submits that the FIR has been lodged against unknown. The petitioner has not been put on TIP. There is no recovery of any incriminating article including the stolen motorcycle from his possession. The police is said to have recorded his confessional statement and showing recovery of motorcycle from the possession of another co accused. Petitioner is in custody since 26.11.12.
Patna High Court Cr.Misc. No.18042 of 2013 (4) dt.08-10-2013
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By filing the supplementary affidavit, it has been stated that apart from the present case the petitioner earlier was also made accused in Gayghat P.S. Case No. 45 of 2012 under Section 394 of the Penal Code in similar circumstance in which he was granted bail by the learned Court below itself.
In the facts and circumstances of the case, this Court is persuaded to enlarge the petitioner on bail. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Bochahan P.S. Case No. 150 of 2012 Subject to the following conditions:-
(i) One of the bailors shall be the own/close family member of the petitioner.
(ii)
Once the charges are framed in the trial, the petitioner shall appear in person before the trial Court on each date. In case of default in such appearance on two consecutive dates the trial Court shall have liberty to cancel the bail bond of the petitioner
Patna High Court Cr.Misc. No.18042 of 2013 (4) dt.08-10-2013
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and secure his arrest in accordance with law.
(iii) The case diary received in the case be transmitted to the Court below immediately.
(Kishore Kumar Mandal, J)
Shyam/-
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case under Section 392 of the Penal Code.
Mukesh Rai
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
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