This criminal miscellaneous petition sought bail for the petitioner, who was in custody for robbery. The High Court allowed bail upon furnishing bonds with sureties, noting the investigation was concluded and no recovery was made from the petitioner.
Release on bail with bonds of ₹10,000 and two sureties of like amount each.
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.24140 of 2015
Arising Out of PS.Case No. -166 Year- 2014 Thana -LAXMIPUR District- JAMUI ====================================================== Arun Paswan Son of Sahdeo Paswan Resident of village - Harlabour, P.S. Laxamipur, District - Jamui .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Aditya Narayan Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 30.01.2015 in a case registered for the offences punishable under Section 395 of the Indian Penal Code. The accusation is of robbing cash and mobile from the informant leading to registration of the FIR against 20-25 unknown. The name of the petitioner sprang up during investigation on confession of the co-accused. Statement has been made in paragraph 7 of the petition that neither there is any recovery from the petitioner nor the petitioner has been put on TIP. Considering the fact that the petitioner has
Patna High Court Cr.Misc. No.24140 of 2015 (2) dt.17-07-2015
2/2
not been put on TIP and the investigation being concluded, let the above named petitioner, 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 Sub-divisional Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No. 166 of 2014.
Since the petitioner has serious criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioner in two eventualities i.e. if he defaults for two consecutive occasions or substantially gets involved in some serious nature of offence.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving robbery with a serious criminal antecedent.
Arun Paswan
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
