Single judge order granting bail to petitioner after six months of custody in a looting case under IPC Section 392, subject to conditions regarding sureties and attendance.
Release on bail after six months in custody, subject to execution of bail bond with two sureties and compliance with trial attendance conditions.
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Patna High Court Cr.Misc. No.20172 of 2017 (3) dt.04-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20172 of 2017
Arising Out of PS.Case No. -89 Year- 2016 Thana -PHULPARAS District- MADHUBANI
====================================================== Kaushal Kumar Mishra Son of Sri Kanhaiya Mishra Resident of VillageSudai, P.S.- Phulparas, District- Madhubani..... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 04-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner seeks bail in connection with Phulparas P.S. Case No. 89 of 2016 registered for the offence punishable under Sections 392 of the Indian Penal Code.
Allegedly, two motorcycle borne criminals looted Appache Motorcycle of the informant and cell phone of Lava company on the point of Katta and the petitioner was arrested in Phulparas P.S. Case No. 316 of 2016 with looted mobile of this case and arms.
Submission is of false implication and that nothing has been recovered from his conscious possession, without any fault the petitioner is suffering in custody since 21.02.2017, there is no legal and tangible material against the petitioner, confessional statement made before the Police has got no evidentiary value in
Patna High Court Cr.Misc. No.20172 of 2017 (3) dt.04-07-2017
the eye of law and as such the petitioner deserves sympathetic consideration.
Learned APP opposes the prayer of bail by submitting that the looted mobile was recovered from possession of the petitioner.
In the facts and circumstances stated above, the petitioner
above named shall be released on bail after completion of six months in custody 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. II, Jhanjharpur in connection with Phulparas P.S. Case No. 89 of 2016, 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 the petitioner entitled to bail after six months of custody in a looting case despite confession.
Whether the recovery of looted mobile from petitioner's possession warrants denial of bail.
Kaushal Kumar Mishra
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
