Single judge bail order granting anticipatory bail to three petitioners charged with robbery under Section 392 IPC, directing furnishing of bail bonds with conditions.
The petitioners are enlarged on bail on furnishing bonds of Rs. 10,000/- each with two sureties of like amount, one local bailor having substantial immovable property.
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.28065 of 2014
Arising Out of PS.Case No. -63 Year- 2013 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== 1. Dinesh Chaurasia, Son of Sri Karorimal Chaurasia, Resident of VillageLalpur, Police Station-Amarpatam, District-Satana (M.P.) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.32518 of 2014 Arising Out of PS.Case No. -63 Year- 2013 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== 1. Brijesh Singh @Kariya, Son of Paramhans Singh, Resident of Village - Levrua, P.S.- Chandwak, District -Jaunpur (U.P.). 2. Arbind @ Guddu Prajapati, Son of Chandrama Prajapati, Resident of Village - Narsinghpur, P.S.- Chawarkal, District - Gajipur (U.P.). .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.28065 of 2014) For the Petitioner/s : Mr. Jay Prakash Singh For the Opposite Party/s : Mr. Rajendra Nath Jha(App) (In Cr.Misc. No.32518 of 2014) For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4 23-12-2014 The petitioners, Dinesh Chaurasia, Brijesh Singh @Kariya and Arbind @ Guddu Prajapati seek bail in Dawat P.S. Case No. 63 of 2013 registered for the offences punishable under Section 392 of the Indian Penal Code.
Patna High Court Cr.Misc. No.28065 of 2014 (4) dt.23-12-2014
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Chhote Yadav, the informant disclosed that he and
the driver of the truck were going towards Mohania. When they reached near Line Hotel some persons in Scorpio overtook the truck and they looted away truck after tying the hands and the legs of the driver.
The learned counsel for the petitioners submits that the petitioners were not put on T.I.P. The petitioners were apprehended in Showal P.S. Case No. 313 of 2013 and they have already been enlarged on bail in that case. There is no other evidence to show the involvement of the petitioners in the alleged robbery of truck.
The learned Additional Public Prosecutor on the other hand, submitted that the petitioners have got criminal antecedents.
It appears that Dinesh Chaurasia, petitioner of Criminal Miscellaneous No. 28065 of 2014 was arrested while keeping watch on the looted trucks and the other two petitioners were apprehended by the police while they were planning to commit loot of the truck. The truck of the present case was also recovered within the jurisdiction of Showal Police Station but petitioners were not put on T.I.P. The petitioners have remained in jail for about ten months.
Patna High Court Cr.Misc. No.28065 of 2014 (4) dt.23-12-2014
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Considering the facts aforesaid, the petitioners, namely, Dinesh Chaurasia, Brijesh Singh @ Kariya and Arbind @ Guddu Prajapati are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bikramganj, Rohtas in connection with Trial no. 106/14 arising out of Dawat P.S. Case No. 63 of 2013, subject to the condition that one of the bailors of each of the petitioners shall be local having substantial immovable property in their names.
(Prabhat Kumar Jha, J.)
Vats/-
U T
1 issue framed by the court
Whether to grant bail to the petitioners accused of robbery under Section 392 IPC
DINESH CHAURASIA, BRIJESH SINGH @KARIYA AND ARBIND @ GUDDU PRAJAPATI
THE STATE OF BIHAR
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
