In an application for bail in a robbery case under Section 392 IPC, the High Court of Patna released the petitioner on bond of Rs.20,000 with two sureties, noting the lack of recovery or T.I.Parade against him.
Petitioner released on bail by furnishing bond of Rs.20,000 with two sureties of similar amount and complying with conditions.
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Patna High Court Cr.Misc. No.59657 of 2017 (3) dt.11-01-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59657 of 2017
Arising Out of PS.Case No. -480 Year- 2016 Thana -BARBIGHA District- SEKHPURA
====================================================== Sonu Kumar Son of Ram Babu Prasad @Ram Babu, Resident of Mohalla - Imambara Purani Sahar Barbigha, Police Station Barbigha, District - Sheikhpura.
.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Adv. For the Opposite Party/s : Mr. Sri Bisheshwar Ram, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.
The petitioner is in custody since 03.10.2017 in a case, wherein the offence of robbery was committed by some unknown person.
Submission is that the petitioner was never put on T.I.Parade nor anything has been recovered from the possession of the petitioner. Only material against the petitioner is confessional statement of co-accused before the police.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of
Patna High Court Cr.Misc. No.59657 of 2017 (3) dt.11-01-2018
Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barbigha Police Station Case No.480 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Nitesh/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail in a robbery case pending against him under Section 392 IPC considering lack of recovery and T.I. Parade.
Whether the conviction of the co-accused under Section 392 IPC was established by reliable material.
What conditions should be imposed for granting bail to the petitioner in the present case.
1 provisions across 1 enactments
Sonu Kumar
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
