In a criminal miscellaneous matter, the High Court of Patna granted bail to the petitioner in a dacoity case registered under the Indian Penal Code where the arrest was based on mere suspicion.
Petitioner is directed to be released on bail on furnishing a bail 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.62298 of 2017
Arising Out of PS.Case No. -79 Year- 2017 Thana -CHAPRA RAIL P.S. District- SARAN
====================================================== Praduman Kumar @ Pradhuman Kumar S/o Mannu Bind , R/o VillageGautam Asthan Bind Toli P.S.- Revilganj, District- Saran at Chapra.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 10-01-2018 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State.
Petitioner, already in custody, seeks bail in connection with Chapra Rail P.S. Case No.79 of 2017 registered under Sections 401/414/34 of the Indian Penal Code.
Allegation in brief is that GRP apprehended the petitioner outside the platform on suspicion that he was planning to commit dacoity in the train.
Learned counsel for the petitioner submits that the residence of the petitioner is just by the side of the railway track and he was not apprehended either from the platform or inside the train, merely on the basis of suspicion petitioner was arrested and the motorcycle was purchased by some other person though the vehicle registration number still stands in the name of vendor and
Patna High Court Cr.Misc. No.62298 of 2017 (2) dt.10-01-2018
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this petitioner has no criminal antecedent, the petitioner is in custody since 06.09.2017 and charge-sheet has been submitted in this case.
Having considered the said facts and circumstances, petitioner Praduman Kumar @ Pradhuman Kumar is directed to be released 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 A.C.J.M. (Rail), Sonpur, Saran in connection with Chapra Rail P.S. Case No.79 of 2017 with condition that one of the bailors must be the close family member of the petitioner.
(Arun Kumar, J.)
S.Kumar/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a dacoity charge who was apprehended on mere suspicion and has no criminal antecedent.
Praduman Kumar @ Pradhuman Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
