Bail petition allowed. Court granted bail to petitioner accused of extortion and burglary, relying on a coordinate bench judgment allowing bail to a co-accused in similar circumstances.
Petitioner released on bail on execution of bond of Rs.10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5840 of 2016
Arising Out of PS.Case No. -43 Year- 2015 Thana -BUDDHACOLONY District- PATNA ====================================================== 1. Rahul Darbhangiya @ Rahul Sahni @ Rahul son of Bharat Paswan, resident of Darbhanga near bus stand, P.S. University, District Darbhanga At present Mohalla Mandiri near Pushpanjali Apartment, P.S. Budha Colony, District Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lovekush Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 18-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State. The petitioner seeks bail in a case for the offences punishable under Sections 384, 386 and 379 of the I.P.C. Allegedly, Vikki Rai, the petitioner and Khusboo came at the shop of the informant and demanded ransom of Rs.20 lacs and further took away the amount of Rs.72,000/- from the shop of the informant after assaulting Deobrat, Munshi of the shop. Submission is of false implication and that specific allegation is against Vikki, who was armed with pistol, the case of the petitioner is similar to that of Khusboo @ Awanish Kumar, who has already been allowed bail vide Cr.Misc.No.40489 of
Patna High Court Cr.Misc. No.5840 of 2016 (2) dt.18-02-2016
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2015 by another co-ordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. is not in a position to distinguish the case of the petitioner from that of Khushboo @ Awanish Kumar.
In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss. Ritu Kumari, Judicial Magistrate, 1st class, Patna in connection with Budha Colony P.S. Case No.43 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Narendra/-
U T
2 issues framed by the court
Whether petitioner deserves bail in offences under Sections 384, 386 and 379 of IPC.
Whether petitioner is entitled to sympathetic consideration based on judgment in Cr.Misc.No.40489 of 2015 in similar facts.
Colour shows how this judgement treated each authority
Khusboo @ Awanish KumarRelied on¶2
Cr.Misc.No.40489 of 2015
1 provisions across 1 enactments
Rahul Darbhangiya
State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
