The High Court ordered bail for the petitioner accused of robbery (IPC 392). The petitioner was released on a bond of Rs. 10,000 with sufficient sureties.
Release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties.
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.44215 of 2018
Arising Out of PS.Case No. -236 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR
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.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Ms. Rita Verma
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
5 20-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 28.05.2018 in connection with Kotwali (Tilkamanjhi) P.S. Case No. 236 of 2018 registered for the offences punishable under Sections 392 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that he along with one other person entered into the house on the pretext of being a salesman of Ujala Company and, thereafter, snatched two diamond bangles and one golden chain from the mother-in-law of the informant and it is further submitted that when the informant’s wife came, her two golden bangles were also snatched and, thereafter, the
Patna High Court Cr.Misc. No.44215 of 2018 (5) dt.20-08-2018
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miscreants fled away. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and that only on the basis of the conjecture and some C.C.T.V. footage, the name of the petitioner has been drawn in connection with the present case. It is further submitted that save and except the self confessional statement made before the police by the petitioner, there is no further material to implicate the petitioner in connection with the present case and he has not been placed on the T.I. Parade nor has any recovery been made from the petitioner.
In view of the aforementioned facts and circumstances, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 236 of 2018.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail given the lack of naming in F.I.R. and absence of material evidence.
1 provisions across 1 enactments
Shambhu Sah
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
