In bail proceedings regarding a robbery charge, the Patna High Court held that recovery of the stolen vehicle on a confessional statement discouraged bail release and rejected the prayer with liberty to renew after nine months.
Bail prayer rejected; liberty to renew prayer after nine months from date of 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.39450 of 2016
Arising Out of PS.Case No. -413 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Chhotu Singh @ Anupam Singh, son of Sambhu Nath Singh Resident of Village- Hansarajpur, P.S.- Sadiyabad, District- Gazipur(U.P.). .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmesh Kumar Shrivastava For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
4 09-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Mohania P.S. Case No. 413 of 2015 registered for offences under sections 392 of the Indian Penal Code.
It has been alleged that at NH-2 in between Muthani and Pushauli, three persons on the motorcycle takeover the motorcycle of the petitioner and committed robbery. They have also taken away the said motorcycle which was recovered from those persons including the petitioner. Learned counsel for the petitioner submits that the petitioner has been remanded in connection with Nandganj P.S. Case No. 18 of 2016.
Looking to the fact and circumstances of the case and
Patna High Court Cr.Misc. No.39450 of 2016 (4) dt.09-11-2016
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the fact that the motorcycle was recovered from the accused persons on the confessional statement, this Court, at present, is not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner, namely, Chhotu Singh @ Anupam Singh is rejected with a liberty to the petitioner to renew his prayer for bail after nine months from the date of remand in the present case.
(Shivaji Pandey, J)
Rishi/U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with robbery given that the stolen motorcycle was recovered on a confessional statement.
1 provisions across 1 enactments
Chhotu Singh @ Anupam Singh
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
