Single-handed criminal mercy order granting bail to the petitioner in a substantive judgment under Sections 394 and 34 of the IPC, subject to conditions including furnishing a bond and appointment of sureties.
Enlargement on bail with bond of Rs.10,000/- and two sureties of similar 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.28163 of 2018
Arising Out of PS.Case No. -157 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH)
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Tabrej Alam son of Murtuza Mian resident of Village - Barwa Chap, P.S. - Chanpatia, District - West Champaran.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 10-05-2018 Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in connection with Majhaulia P.S. Case No. 157 of 2017 for offences punishable under Sections 394/34 of the Indian Penal Code.
The prosecution case, as lodged by the Sangam Manager in Bharat Financial Inclusion Limited, is that while he had collected Rs. 80,145/- from four centers and was coming on the way, four miscreants on three motorcycles stopped him and assaulted and took away the motorcycle, the said collected amount, Rs. 7000/- of his personal money and other documents and articles.
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It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and just because he has criminal antecedent, he has been made accused in the present case. He further submits that his name surfaced on the confessional statement of one Gyan Singh @ Gyan Sah and other co-accused named in the confessional statement has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 18852 of 2018 vide order dated 03.04.2018. He submits that he has been remanded in the present case from Balthar P.A. Case No. 52 of 2017 on 09.04.2018 and that charge-sheet has been submitted.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and is involved in three more cases of similar nature.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 157 of 2017, subject to the conditions that:
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(1) One of the bailors would be a close
relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(3) If the petitioner indulges in an offence of 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)
Devendra/Pragya
U T
1 issue framed by the court
Whether to grant bail to the petitioner accused of offences under Sections 394/34 of the IPC.
1 provisions across 1 enactments
Tabrej Alam
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
