The Patna High Court granted bail to an accused in a dacoity case. The recovery of articles from his house without him being named in the FIR and without conducting a test identification parade was a key factor in granting the bail order.
Petitioner released on bail on execution of bail bond of Rs. 10,000/- with two sureties, subject to conditions.
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.
Patna High Court Cr.Misc. No.34929 of 2014 (2) dt.24-09-2014
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34929 of 2014 |
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| Arising Out of PS.Case No. -197 Year- 2013 Thana -MADHUBAN District- EASTCHAMPARAN(MOTIHARI) ====================================================== |
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| Ram Balak Paswan S/o Mangar Paswan, Resident of village- Rehua Maniyarpur, P.S.- Rajepur, District- East Champaran |
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| .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== |
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Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. H.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER |
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| 2 | 24-09-2014 Heard learned counsel for the petitioner and learned APP for the State. |
| The petitioner seeks bail in connection with Madhuban | |
| P.S. Case No. 197 of 2013 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code. Allegedly, 20-25 unknown miscreants committed dacoity in the house of the informant, took away ornaments, mobile and |
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| other articles. During investigation from the house of the petitioner one mobile and two costly sarrees were recovered for which he did not give any reply. |
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| Submission at the bar for release of the petitioner is that | |
| the petitioner is not named in the FIR, the recovered articles have |
Patna High Court Cr.Misc. No.34929 of 2014 (2) dt.24-09-2014
not been put on test identification parade and those articles are of the petitioner to which the learned APP opposes.
In the facts and circumstances as stated above and considering the fact that no test identification parade of the recovered articles has been conducted, the petitioner Ram Balak Paswan is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarahana at Motihari, East Champaran in connection with Madhuban P.S. Case No. 197 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail when he was not named in the FIR but articles were recovered from his house.
Ram Balak 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
