The High Court of Patna granted bail to the petitioner accused of robbery under Section 392 IPC. Relying on the lack of independent recovery and weak confessional evidence, the court directed release subject to bond conditions.
Petitioner released on bail of Rs. 10,000 with two sureties of like amount, subject to specific conditions.
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Patna High Court Cr.Misc. No.6068 of 2016 (3) dt.05-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6068 of 2016 Arising Out of PS.Case No. -538 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== 1. Parmeshwar Rai S/o Jaleshwar Rai Resident of Village-B.S.N.L. Golambar, Ramashish Chowk, Hajipur, P.S. Sadar Hajipur, District - Vaishali .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 05-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.
The petitioner seeks bail in connection with Sadar Hajipur P.S. Case No. 538 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.
Allegedly, four miscreants surrounded the informant and snatched mobile, cash of Rs. 7,000/- and another relevant papers kept in a bag at the point of knife. During investigation the petitioner was caught while he was fleeing away and on the basis of his confessional statement some clothes alleged to be looted articles were recovered from the house of the co-accused Munna Rai and Sonu Kumar Rai.
Submission is of false implication and that the petitioner is in custody since 08.11.2015 but he has not been put on test
Patna High Court Cr.Misc. No.6068 of 2016 (3) dt.05-04-2016
identification parade and nothing has been recovered from his conscious possession and the alleged confession before the Police has got no evidentiary value in the eye of law and as such he deserves sympathetic consideration to which learned APP opposes.
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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar Hajipur P.S. Case No. 538 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)
avin/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with Section 392 IPC amidst allegations of false implication and lack of corroboration.
1 provisions across 1 enactments
Parmeshwar Rai
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
