Common bail applications filed by two accused persons alleged of robbery, murder and criminal conspiracy were heard on 16-04-2018. The bench granted bail to both petitioners directing them to furnish a bond of Rs. 10,000 with two sureties.
Bail granted to petitioners on furnishing a 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.22363 of 2018
Arising Out of PS.Case No. -11 Year- 2018 Thana -DHURAIYA District- BANKA
====================================================== 1. Mangal Pandit S/o Praduman Pandit, R/o Vill.- Laugay, P.S.- Dhoraiya, District- Banka.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.22410 of 2018
Arising Out of PS.Case No. -11 Year- 2018 Thana -DHURAIYA District- BANKA
====================================================== 1. Vinod Pandit, S/o Praduman Pandit, Resident of village- Laugay, Police Station- Dhoraiya, District- Banka.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : (In Cr.Misc. No.22363 of 2018) For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Abhay Kumar Roy (In Cr.Misc. No.22410 of 2018) For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 16-04-2018
Both the bail applications (Cr. Misc. No. 22363 of 2018 and Cr. Misc. No. 22410 of 2018) arise out of the same FIR and therefore they are being disposed of by this common order.
Heard learned Counsel for the petitioners and the State.
Petitioners, already in custody since 28.1.2018, seek bail in Dhoraiya PS Case No. 11 of 2018 registered under Sections 395, 397 and 120B of the IPC.
The allegation in brief is that the informant had gone to the
Patna High Court Cr.Misc. No.22363 of 2018 (2) dt.16-04-2018
2
house of petitioners to receive rest consideration money as he had sold land to them and while coming back after taking two lakh rupees the money was robbed by two motorcycle borne persons after covering their facts, the allegation is that the petitioners who were present at the house had committed the offence.
Learned Counsel for the petitioners submits that except suspicion raised against the petitioners there is no other material, similarly situated another co-accused Bihari Yadav has been admitted to bail by this Court vide Cr. Misc. No. 21158 of 2018 and the petitioners have no criminal antecedent. Both the petitioners are brothers.
Having considered the said facts and circumstances, the petitioners, namely, Mangal Pandit and Vinod Pandit are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Banka in connection with Dhoraiya PS Case No. 11 of 2018.
Snkumar/-
(Arun Kumar, J)
U T
3 issues framed by the court
Whether petitioners in a common bail application committed robbery under Sections 395, 397 and 120B IPC should be granted bail.
Are the petitioners entitled to bail on furnishing bail bonds of Rs. 10,000 with two sureties?
Whether suspicion alone warrants detention of the accused?
Mangal Pandit S/o Praduman Pandit
Vinod Pandit S/o Praduman Pandit
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
