Single bench order granting bail to a petitioner in judicial custody for over a year involved in a robbery case. Bail allowed on bond of Rs. 10,000 with two sureties and specific conditions.
Petitioner enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of like amount subject to specific conditions.
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.28124 of 2018
Arising Out of PS.Case No. -19 Year- 207 Thana -BARHARA District- BHOJPUR
====================================================== 1. Nityanand Singh Son of Late Tarkeshwar Singh @ Late Bansropan Singh Resident of Village/Mohalla - Nathmalpur, P.S. - Barhara, District - Bhojpur.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 10-05-2018 Heard learned counsel for the petitioner and the learned APP for State.
The petitioner is languishing in judicial custody since 20.02.2017 in connection with Barhara (K. Garh) P.S. Case No. 19 of 2017 for the offences punishable under Section-395 of the Indian Penal Code.
The prosecution case as lodged by the informant is that he is the servant of Dr. Bhagwati Prasad, who owns an Iron Shop. While he was going on the tractor to the shop two miscreants stopped him and four miscreants later came who all possessed knife and pistol. They took away the tractor.
It has been submitted by the learned counsel for the petitioner that he is not named in the FIR and has falsely been
Patna High Court Cr.Misc. No.28124 of 2018 (2) dt.10-05-2018
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implicated in this case. He submits that his name surfaced only in the confessional statement of other co-accused Thakur Yadav before the police which has no evidentiary value in the eye of law. He submits that charge sheet has already been submitted and the petitioner is languishing in judicial custody for more than one year and three months.
However, learned APP for the prayer for bail stating therein that the petitioner does not have a clean antecedent.
Considering the facts and circumstances and material available on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (K. Garh) P.S. Case No. 19 of 2017, subject to the following conditions:
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similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J)
A.K.V./-
U T
1 issue framed by the court
Whether the petitioner, named in a co-accused's confession statement, should be granted bail after custody for over a year in a theft and robbery case.
1 provisions across 1 enactments
Nityanand Singh
The State of Bihar
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
