Patna HC granted bail to two petitioners arrested in a truck hijacking case, directing furnishing of bond and release on grounds that prosecution lacked material to connect them.
Directed to release petitioners on bail on furnishing bond of Rs.10,000/- each with two sureties of like amount.
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.51699 of 2016 (03) dt.20-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51699 of 2016
Arising Out of PS.Case No. -125 Year- 2016 Thana -MUFFASIL District- AURANGABAD
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar -Advocate For the Opposite Party/s : Mr. Md. Arif-A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
03 20-12-2016
Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor.
Posing themselves to be transport officials, the miscreants succeeded in intercepting informant, a driver of truck bearing Registration No.WB-25G-0955 and after hijacking the informant as well as Khalasi , the miscreants took away their mobile set, truck laden with goods along with other articles so enlisted therein, whereupon instant case has been registered against unknown. So far these petitioners are concerned, it is evident from Paragraph-59 of the case diary that they were arrested in connection with Danapur P. S. Case no.300 of 2016 wherein, as disclosed by the prosecution, they made inculpatory extra-judicial confessional statement and on the basis thereof, they
Patna High Court Cr.Misc. No.51699 of 2016 (03) dt.20-12-2016
have been remanded in this case. It is also evident from Paragraph-83 of the case diary that call details were obtained relating to these two petitioners along with others, but those information did not connect complicity of these petitioners in the background of the fact that neither these call details connect the petitioners in association with other accused, who might have indulged during course of occurrence nor the recovered mobile set been the theft property. Furthermore, as is evident from Paragraph-92 of the case diary, chargesheet had already been submitted, but without having these petitioners put on T. I. Parade that means to say, virtually prosecution lacks with relevant material to connect these two petitioners with the commission of the alleged crime.
Accordingly, petitioners, Shahrukh Ansari and Pramod Kumar are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Mufassil) P. S. Case no.125 of 2016.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
1 issue framed by the court
Whether the petitioners relying on lack of connection in call details and absence of T.I. Parade, are entitled to release on bail.
SHAHRUKH Ansari
PRAMOD KUMAR
The State of Bihar
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
