In a bail application, the High Court at Patna released the petitioner, accused of armed robbery and assault, on bail by furnishing bonds of Rs. 10,000 with two like sureties.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20511 of 2013
====================================================== Md. Ayub @ Ayub @ Md. Ayub Rien, son of Md. Sarif Rien, resident of village-Rajo Patti, P.S.-Sitamarhi, District-Sitamarhi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2. 10-05-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. Seven named including the petitioner along with 4-5 unknown persons intruded inside the house of the informant took away Rs.50,000/-, wrist watch, two mobile sets and in said course assaulted nephew of informant, namely, Guddu as well as informant, for which instant case has been registered under Sections 147, 148, 323, 324, 307, 448, 452, 380, 504/34 of the Indian Penal Code.
Contention on behalf of petitioner is that there happens to be dispute in between Vicky Srivastava and informant for which Sitamarhi P.S. Case No.220/2013 was registered and as petitioner took side of Vicky Srivastava, as such he has been implicated in this case bearing Sitamarhi P.S. Case No.221/2013. Also submitted that learned lower court had virtually weigh the nature of allegation as 395, 397 of the IPC on account of which prayer for bail of petitioner has been rejected. Also submitted that petitioner happens to be under custody since 22.03.2013 having no specific allegation and in the background of pendency of cases counter to each other, instant case cannot be identified under
Patna High Court Cr.Misc. No.20511 of 2013 (2) dt.10-05-2013
2
Section 395, 397 of the Indian Penal Code. Moreover, as per injury report Exhibit-4 Series, all the injuries sustained by informant Satyendra Kumar Tiwari as well as his nephew Rahul Tiwary happens to be simple in nature caused by hard and blunt substance.
The learned Additional Public Prosecutor opposed the prayer and submitted that petitioner along with others perhaps tried to terrorize the informant who happens to be the Additional P.P. whereunder they committed occurrence resulting institution of the instant case.
Taking into account the nature of allegation in consonance with the period of detention petitioner, Md. Ayub @ Ayub @ Md. Ayub Rien is directed to 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No.221/2013.
(Aditya Kumar Trivedi, J.)
PN/-
2 issues framed by the court
Whether the petitioner ought to be granted bail on furnishing security in a case involving robbery, assault, and criminal intimidation.
Whether the objectionable nature of the offence under Section 395 IPC precludes bail in the circumstances of the case.
1 provisions across 1 enactments
Md. Ayub @ Ayub @ Md. Ayub Rien
The State Of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
