The petitioner sought bail in a robbery case where he was not initially named in the FIR but appeared in a confessional statement. The High Court granted bail after seven months of custody due to lack of criminal antecedents.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44529 of 2014
Arising Out of PS.Case No. -7 Year- 2014 Thana -PATNA GRP CASE District- PATNA ====================================================== Bhulla Yadav @ Bhuara @ Bhura Son of Bhudhan Yadav Resident of Village - Majhuali Bigha, Police Station - Salimpur, District - Patna .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 10-12-2014 Heard both sides. The petitioner, Bhulla Yadav@Bhuara@Bhura seeks bail in connection with G.R.P. (Bakhtiarpur) P.S. Case No. 07 of 2014 registered for the offence punishable under Section 392 of the Indian Penal Code.
The informant alleged that while he was traveling in train, a robbery was committed by four persons.
It appears that petitioner is not named in the FIR. The name of the petitioner figured only in the confessional statement of Birendra Kumar from whose possession one Samsung Mobile is said to have been recovered. Except the confessional statement, no tangible
Patna High Court Cr.Misc. No.44529 of 2014 (2) dt.10-12-2014
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material has been collected from the possession of the petitioner. Birendra Kumar has already enlarged on bail. Of course the petitioner has got no criminal antecedent but the petitioner is in jail since 12.05.2014.
Considering the fact that petitioner has got no criminal antecedent and has remained in custody for about seven months, petitioner 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 Railway Judicial Magistrate, Patna in connection with G.R.P. (Bakhtiarpur) P.S. Case No. 07 of 2014.
(Prabhat Kumar Jha, J)
Prakash/U T
1 issue framed by the court
Whether the petitioner, having no criminal antecedents and being in custody for seven months in a non-named conviction case, should be released on bail.
1 provisions across 1 enactments
Bhulla Yadav @ Bhuara @ Bhura
The State of Bihar
Prabhath Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
