The Patna High Court granted bail to the petitioner in a case involving looting under Section 392 IPC. The court noted the petitioner was not named in the FIR and had not undergone a test identification parade before releasing him on bail.
Directing the petitioner to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties.
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.55609 of 2016 (3) dt.02-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55609 of 2016
Arising Out of PS.Case No. -84 Year- 2016 Thana -NIRMALI District- SUPAUL
====================================================== Raju Mukhiya, Son of Sri Ram Charittar Mukhiya, resident of VillageDighiya, Ward No. 2, P.S.- Nirmali, District- Supaul.
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrit Abhijat, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner seeks bail in Nirmali P.S. Case No. 84/2016, registered for the offences punishable under Section 392 of the Indian Penal Code.
The informant alleged that while he was returning to his house after collecting money, the miscreants intercepted him and looted his money.
It is submitted that the petitioner is not named in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is said to have confessed his guilt, but no recovery is made in pursuance of the confession of the petitioner. The confession of the petitioner to the police cannot be proved. The petitioner is in jail since 12.09.2016, but he has not
Patna High Court Cr.Misc. No.55609 of 2016 (3) dt.02-03-2017
been put on Test Identification Parade.
Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Birpur, Supaul in connection with Nirmali P.S. Case No. 84/2016.
(Prabhat Kumar Jha, J.)
Vinita/U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case under Section 392 IPC.
Raju Mukhiya
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
