This single-judge oral order grants bail to the petitioner, accused of robbery atrocities, during the trial pendency due to extended custody and suspicion-based implication.
Release on bail with bail bonds of Rs. 10,000 and sureties of the like amount each during the pendency of the trial.
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.52128 of 2017
Arising Out of PS.Case No. -636 Year- 2015 Thana -PHULWARI District- PATNA
====================================================== Sakal Kumar Singh S/o Late Dhaneshwar Singh Resident of villageAkbarpur, P.S.- Bhagwanpur, District- Vaishali
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar For the State : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 06-12-2017 Heard the counsel for the petitioner, the informant and the State.
The petitioner seeks bail in connection with Sessions Trial No. 282 of 2016, arising out of Phulwarisharif P.S. Case No. 636 of 2015 dated 07.09.2015 instituted for the offences under Sections 395/412 of the Indian Penal Code.
The petitioner is alleged to be the driver of a vehicle which was used for intercepting the vehicle of the informant and his brother. The allegation in the F.I.R is that the informant was blindfolded and was divested of his belongings. Later, the accused persons, including the petitioner were arrested on suspicion and brought to the police station. The informant is said to have identified the petitioner at the police station.
Patna High Court Cr.Misc. No.52128 of 2017 (3) dt.06-12-2017
2/2
Learned counsel for the petitioner has submitted
that his implication in the present case is only on the basis of suspicion even though the informant claims to have identified him in the police station. The petitioner has clean antecedent and is in custody since 07.09.2017.
It further appears that the trial has not yet been
concluded.
Regard being had to the period of custody of the petitioner and the nature of accusation levelled against him, this Court is inclined to grant bail to him during the pendency of the trial.
The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, X, Patna in connection with Sessions Trial No. 282 of 2016, arising out of Phulwarisharif P.S. Case No. 636 of 2015.
(Ashutosh Kumar, J)
Shageer/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused under IPC 395/412 pending trial.
Sakal Kumar Singh
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
