The Patna High Court rejected the Petitioner's bail application in a robbery charge (IPC 395), holding that the recovery of a looted mobile from the Petitioner's possession demonstrated his involvement in the crime.
The prayer of bail was rejected because the looted mobile was recovered from the petitioner's possession, showing his involvement.
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.61285 of 2017 (2) dt.20-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.61285 of 2017
Arising Out of PS.Case No. -77 Year- 2014 Thana -GAURICHAK District- PATNA
======================================================
Binay Kumar S/o Sri Sudeshwar Ram @ Sudheshwar Rai, R/o VillageFatehpur, P.S.- Didarganj, at present Gaurichak, District- Patna.. Petitioner Versus
The State of Bihar .... .... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Ram Parwesh Kumar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 20-12-2017 Heard learned Counsel for the petitioner and the State.
Petitioner, already in custody, seeks bail in Gaurichak PS Case No. 77 of 2014 registered under Section 395 of the IPC.
The allegation in brief is that some unknown miscreants came to the petrol pump of the informant, where he was employed as Nozzleman, assaulted him and looted 6,41,000 rupees the sale proceeds, one mobile and other items.
Learned Counsel for the petitioner submits that the FIR is against unknown and earlier the petitioner was apprehended and one looted mobile is alleged to have been recovered but was released after enquiry by the police and later on again apprehended. Other coaccused persons have been granted bail.
Learned Counsel appearing on behalf of the State submits that the looted mobile by the miscreants has been recovered from the possession of the petitioner showing his involvement in the alleged occurrence.
Having considered the aforesaid facts and circumstances and the recovery of the looted mobile from the possession of the petitioner, the prayer of bail is rejected.
(Arun Kumar, J.)
Snkumar/-
U
1 issue framed by the court
Whether the petitioner, in whose possession a looted mobile was recovered, is entitled to bail in a robbery case.
Binay Kumar S/o Sri Sudeshwar Ram @ Sudheshwar Rai
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
