In an oral order, the Patna High Court rejected the petitioner's bail prayer in a robbery case where looted mobile phones had been recovered from his possession, deeming the recovery a decisive factor against grant of bail.
Prayer for bail in connection with Bhagalpur Railway P.S. Case No. 53 of 2013 stands rejected.
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Patna High Court Cr.Misc. No.18040 of 2014 (2) dt.03-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18040 of 2014 ====================================================== 1. Santosh Paswan son of Sita Ram Paswan resident of village Purab Tola, Police Station - Kahalgaon, District - Bhagalpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 03-06-2014 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner prays for grant of bail in connection with Bhagalpur Railway P.S. Case No. 53 of 2013 initially registered for the offence under Section 394 of the Indian Penal Code and later on Section 411 of the Indian Penal Code was added. Allegedly, three unknown miscreants after boarding the train sat near the seat of the informant thereafter one miscreant assaulted Sintu Mandal and on protest all the three miscreants started assaulting and further took away cash of rupees four thousand and three mobile sets from the possession of informant and others at the point of knife after causing injury, during
Patna High Court Cr.Misc. No.18040 of 2014 (2) dt.03-06-2014
investigation the name of petitioner transpired that he has given the looted mobile to Sagar Paswan and that Sagar Paswan returned the said mobile again to Suresh Paswan.
Submission at the bar for release of the petitioner is that the petitioner is suffering in custody since 01.01.2014, he has not been put on Test Identification Parade, he has got no criminal antecedent and he is aged about 22 years whereas the age of miscreants in the F.I.R. is given between 32-35 years, the mobile recovered from possession of the petitioner was given by Md. Aman Mian.
The learned Additional Public Prosecutor opposes the prayer of bail.
Considering the recovery of looted mobile from possession of the petitioner at this stage, this Court is not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Bhagalpur Railway P.S. Case No. 53 of 2013 stands rejected. However, the petitioner may be at liberty to renew the prayer for bail after remaining in custody for seven months from his remand.
(Jitendra Mohan Sharma, J)
SHAHZAD/-
2 issues framed by the court
Whether the petitioner should be granted bail in a case of robbery accompanied by attempt to murder and theft.
Whether the recovery of looted mobile phones from the petitioner's possession should be a ground for denying bail at this stage.
Santosh Paswan
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
