The Patna High Court granted bail to the petitioner, who was implicted based on arrest with a vehicle, in connection with a 2016 dacoity charge. The petitioner was to furnish a bond of Rs. 10,000 with sureties.
Petitioner directed to be released on bail 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.53424 of 2017
Arising Out of PS.Case No. -202 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Hamid Raja @ Hamid Khan Son of Sarfaraj Khan Resident of VillageJagaliya, P.S. Madhuban, Distt. East Champaran.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 12-01-2018 Heard the learned counsels for the petitioner and the
State.
The petitioner seeks bail in connection with Sessions Trial No. 995 of 2017, arising out of Keshariya P.S. Case No. 202 of 2016 dated 06.08.2016 instituted for the offence under Section 395 of the Indian Penal Code.
The informant was robbed of his belongings by five miscreants who were occupying a Scorpio vehicle. The petitioner is not named in the FIR and has been implicated on the basis of his having been arrested with the Scorpio vehicle (number of which has not been provided by the investigating agency), which vehicle was attempted to be sold.
Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.53424 of 2017 (3) dt.12-01-2018
2
but for his confession and the confession of another co-accused viz. Gaurav Kumar, there is no other material to connect the petitioner with the crime. The petitioner earlier was made accused in two other cases, reference of which has been given in paragraph -3 of the petitioner and in both the cases, the petitioner is said to be on bail.
The petitioner is in custody since 27.03.2017.
Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 12th Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No. 995 of 2017, arising out of Keshariya P.S. Case No. 202 of 2016.
(Ashutosh Kumar, J)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in connection with the charge of dacoity with intention of causing death under Section 395 of IPC.
1 provisions across 1 enactments
Hamid Raja @ Hamid Khan
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
