This order grants regular bail to the petitioner in a train dacoity case (Section 395 IPC). The court considered the petitioner's clean antecedents, lack of recovery, and co-accused's bail.
The petitioner was enlarged on regular bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33677 of 2017
Arising Out of PS.Case No. -6 Year- 2016 Thana -BACHHWARA RAIL P.S. DistrictBEGUSARAI
======================================================
Jitendra Kumar Son of Doman Chaudhary Resident of Village- Shahar Telpa, P.S.- Karpi (O.P. Shahar Telpa), District- Arwal.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 20-07-2017 Heard the learned counsel for the petitioner.
The petitioner seeks regular bail in connection with Bachhwara Rail P.S. Case No. 06 of 2016, registered for the offence punishable under Section 395 of the I.P.C.
The case of the prosecution is that a train dacoity took place when train started from Shahpur Railway Station and 10-15 accused persons came there as well as looted cash, mobile phones, ornaments etc. from the travelers. The said accused persons further assaulted the travelers. The FIR was lodged against unknown persons.
Learned counsel for the petitioner submits that the petitioner has a clean antecedent and no recovery has been made from the possession of the petitioner. It has been further submitted
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that the other co-accused person has already been granted regular bail by the learned Trial Court vide B.P. no. 278 of 2017. It is further submitted that the petitioner is in custody since 20.05.2017.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway Barauni, in connection with Bachhwara P.S. Case No. 06 of 2016.
(Mohit Kumar Shah, J)
khushbu/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on regular bail in connection with a train dacoity case.
Jitendra Kumar Son of Doman Chaudhary
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
