In an oral order, the Patna High Court granted bail to the petitioner in a robbery case (IPC 395), noting that his age contradicted the accused description and he had been in custody for approximately eight months without trial.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the 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.14524 of 2019
Arising Out of PS. Case No.-147 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia
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CHANDESHWARI SARDAR Son of Late Fuddan Sardar @ Fujay Sardar R/o village- Mohammadganj, P.S- Chhatapur, District- Supaul
... ... Petitioner/s Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 08-03-2019
Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is in custody in connection with K. Nagar (Marnga) P.S. Case No. 147 of 2018 for the offence under section 395 of the Indian Penal Code.
Learned counsel for the petitioner would submit that the FIR was lodged against unknown. He is in custody since 31.5.2018 yet he has not been put on TIP.
Referring to the prosecution case, learned counsel submits that description of the miscreants was in the age group of 20-25 whereas petitioner is 55 years old.
Considering the fact that petitioner has remained in custody for nearly eight months, the Court is inclined to grant
Patna High Court CR. MISC. No.14524 of 2019(2) dt.08-03-2019 2/2
bail to the petitioner, let the petitioner, named above, 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 Chief Judicial Magistrate, Purnia/Incharge Successor Court, in connection with K. Nagar (Maranga) P.S. Case No. 147 of 2018/G.R. No. 1461 of 2018.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail after nearly eight months of custody in a robbery case where his age does not match the description of the accused.
1 provisions across 1 enactments
Chandeshwari Sardar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
