The Patna High Court rejected a bail application in a dacoity case under IPC 395. The court ruled against bail because the petitioner was caught red-handed fleeing the crime scene, outweighing the lack of co-accused testimony.
The prayer for bail of the petitioner is 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 JUDICATURE AT PATNA
Criminal Miscellaneous No.17275 of 2014
Arising Out of PS.Case No. -98 Year- 2013 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Md. Mostkim Miya @ Mustkim Miya Son of Panchu Miya resident of village- Khutauna, Police Station- Minapur, Distt.- Muzaffarpur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 15-07-2014 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered under Section 395 of the Indian Penal Code pending in the court of learned C.J.M., Muzaffarpur.
Allegedly a dacoity was committed in the house of the informant and the petitioner after chase was caught red handed with Tengari when he tried to flee away after committing the crime.
Submission at the Bar for release of the petitioner is that some articles have been recovered from a field , co accused who were apprehended had not named the petitioner and the petitioner has got no criminal history vide pare 27 of the case diary.
In he facts and circumstances, as stated above, and noticing that the petitioner was caught red handed with Tengari after chase, as such this Court is not inclined to release the
Patna High Court Cr.Misc. No.17275 of 2014 (3) dt.15-07-2014
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petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.
However, the petitioner will be at liberty to renew his prayer for bail after four months if the trial is not concluded by that time.
(Jitendra Mohan Sharma, J)
singh/-
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1 issue framed by the court
Whether the petitioner should be granted regular bail in a dacoity case.
1 provisions across 1 enactments
Md. Mostkim Miya @ Mustkim Miya
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
