Oral order granting bail to the petitioner in a robbery case under Section 392 IPC, noting he is in custody, not named in the FIR, and implicated only via self-confession.
Released on bail by furnishing bonds of ₹10,000 with two sureties of like amount to the satisfaction of the Additional Chief Judicial Magistrate, Jamui.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29506 of 2019
Arising Out of PS. Case No.-149 Year-2018 Thana- LAXMIPUR District- Jamui
======================================================
Sajan Kumar @ Sajan Kumar Das Son of Raj Kumar Das Resident of Village - Mohanpur, Matia, P.S.- Laxmipur, Dist.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rabi Bhushan For the Opposite Party/s : Mr.Atul Chandra ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 28-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.
Allegation is that three unknown miscreants on the point of pistol looted collection money of Rs.81,063/- and tab, mobile etc of the informant.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.10.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in this case on his self confession. Except for this, there is no other substantive evidence to suggest his implication in this case. There is no
Patna High Court CR. MISC. No.29506 of 2019(4) dt.28-08-2019 2/2
recovery of looted articles from the possession of the petitioner. The petitioner has not been put on T.I.P.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid 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 learned 3rd Additional Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S. case No.149 of 2018.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a PCR case under Section 392 IPC where he is not named in the FIR and relies on self-confessed implication.
SAJAN KUMAR @ SAJAN KUMAR DAS
THE STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
