The Patna High Court granted bail to Lal Mohan Rai, accused of robbery under IPC 395. Noting he was not in the FIR and had no tangible evidence against him, the court ordered his release upon furnishing a bond with sureties.
Released on bail through a bond of Rs. 10,000 with two sureties of the same amount.
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.6870 of 2017
Arising Out of PS.Case No. -185 Year- 2016 Thana -BARH District- PATNA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner seeks bail in a case instituted for the offences under Section 395 of the I.P.C.
Allegation is that four unknown persons had taken away the tractor of the informant.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.8.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. Except for the confessional statement of co-accused there is no other substantive
Patna High Court Cr.Misc. No.6870 of 2017 (2) dt.06-03-2017
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evidence to suggest his implication in the present case. The other co-accused has been granted bail vide Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Barh, Patna in connection with Barh P.S. case No.185 of 2016 corresponding to S. Tr. No.807 of 2016.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner accused of robbery.
1 provisions across 1 enactments
Lal Mohan Rai
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
