Allowed bail to the petitioner in a criminal prosecution under IPC and Arms Act for robbery and mischief, ordering release on bond of Rs. 10,000 with two sureties despite antecedents and confession to guilt.
Released on bail on execution of bond of Rs. 10,000 with two sureties of the like amount each, under specified conditions.
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.19607 of 2017 (5) dt.03-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19607 of 2017
Arising Out of PS.Case No. -174 Year- 2015 Thana -KATORIA District- BANKA
======================================================
Praveen Kumar Verma Son of Mahendra Saw @ Mahendra Pd. Sah, Resident of Village- Kusum-Jori, P.S.- Chandan (Anandpur O.P.), DistrictBanka..... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sri S. Ehteshamuddin
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
5 03-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner seeks bail in connection with Katoria (Suiya) P.S. Case No. 174 of 2015 registered for the offences punishable under Sections 394, 323, 435, 427, 120B, 504/34 of the Indian Penal Code and Sections 25(1-b)a, 27 of the Arms Act.
Allegedly, in the mobile shop of the informant two persons came, one person broke the showcase with the butt of the pistol, second miscreant assaulted the informant and they took away 12-15 new mobiles and one Laptop. Two other miscreants made 3-4 firing. The informant any how escaped and after taking bottle of patrol and after igniting the same rushed towards the accused persons then the accused persons fled away after leaving one country made pistol, one live cartridge, two used cartridge and one misfired cartridge at the place of occurrence. Due to previous enmity with Ajay Barnwal he has been named in the FIR with others. During investigation the name of the
Patna High Court Cr.Misc. No.19607 of 2017 (5) dt.03-07-2017
petitioner and others transpired that their names were taken by Mantu Khaira co-accused and further the petitioner has confessed his guilt.
Submission is of false implication and that without any fault the petitioner is suffering in custody, other co-accused namely, Anil Yadav, Ashok Tanti and Vimal Yadav whose name has been taken by witnesses Pradeep Barnwal and Vivekanand Barnwal have already been allowed bail by the court below itself whereas prayer of bail of the petitioner has been refused only on the basis that the petitioner has got criminal antecedent and he confessed his guilt.
Learned APP opposes the prayer of bail.
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 learned A.C.J.M. Ist, Banka in connection with Katoria (Suiya) P.S. Case No. 174 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
2 issues framed by the court
Whether petitioner is entitled to bail in a case involving offences under IPC and Arms Act involving antecedents and confession to guilt.
Whether differential treatment of bail compared to other co-accused amounts to miscarriage of justice.
2 provisions across 2 enactments
Praveen Kumar Verma
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
