In an application for bail in a robbery and theft case, the Patna High Court refused to grant bail due to the petitioner being caught at the spot, recovery of money from him, and possession of criminal antecedents involving the Arms Act.
Bail granted to accomplice Raja Pandey rejected; petitioner's bail application dismissed and he remains on remand.
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. 39243 of 2014
Arising Out of PS.Case No. -70 Year- 2014 Thana -AZAMNAGAR District- KATIHAR ====================================================== Ashok Singh Son of late Khakhu Singh, resident of Village- Alepur, Police Station- Barsoi, District- Katihar. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3. 14.01.2015 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Azamnagar (Salmari O.P.) P.S. Case No. 70 of 2014 dated 31.03.2014 instituted under Sections 392/411 of the Indian Penal Code. Learned counsel for the petitioner submits that though it is alleged that he was caught at the spot but his accomplice is said to have run away and the other person namely, Raja Pandey has been granted bail. Learned A.P.P. opposes the prayer for bail and submits that the petitioner has been caught at the spot and the other person has been made accused only on the basis of disclosure made by the petitioner and part of the money was also recovered from him. It is further submitted that the petitioner has criminal antecedent being involved in a case under Section 414 of the Indian Penal Code and the Arms Act.
Patna High Court Cr.Misc. No.39243 of 2014 (3) dt.14-01-2015
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Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.
Accordingly, the application stands dismissed.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a robbery and theft case where he was caught at the spot and possesses criminal antecedents.
2 provisions across 1 enactments
Ashok Singh
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
