Single Judge Bench allowed bail to the petitioner, a civilian accused of robbery and theft, subject to bond and conditions regarding reluctance to commit future offences.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like 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.39463 of 2018
Arising Out of PS. Case No.-13 Year-2016 Thana- SUIYA District- Banka
======================================================
Suresh Sah, Son of Bindeshwari Sah, Resident of Village- Bara, P.S.- Belhar, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 06-09-2018
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 04.12.2017 in connection with Suiya P.S. Case No. 13/2016 for offences punishable under Sections 395/397 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that, while he along with his family members was going to attend marriage of his sister, the road was blocked by big stones and with pistol, gun, rod and lathi, unknown accused persons took away all the belongings.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the FIR and has been made accused only on the basis of confessional statement of one
Patna High Court Cr.Misc. No.39463 of 2018(3) dt.06-09-2018 2/3
Sonu Barnwal who has already been granted the privilege of bail by this Court in Cr. Misc. No. 26396 of 2017 vide order dated 07.07.2017. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender as two more cases of similar nature are pending against him.
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 Additional Chief Judicial Magistrate-I, Banka in connection with Suiya P.S. Case No. 13/2016, subject to the following conditions :
(i) 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.
(ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to
Patna High Court Cr.Misc. No.39463 of 2018(3) dt.06-09-2018 3/3
move the learned court below for cancellation of his
bail bonds.
(Nilu Agrawal, J)
Rajesh/Pragya
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with offences under Sections 395/397 of the Indian Penal Code.
1 provisions across 1 enactments
Suresh Sah
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
