This order grants regular bail to the petitioner in a dacoity case (IPC 395) upon furnishing a bond of Rs. 10,000 and two sureties. The petition argued lack of evidence recovery and prolonged custody.
Grant of regular bail on bond of Rs. 10,000 with two sureties of 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.76215 of 2019
Arising Out of PS. Case No.-267 Year-2008 Thana- CHOUTARWA District- West
Champaran
======================================================
PRABHU YADAV @ LAMBU YADAV Son of Bhulai Yadav Resident of Village - Kharhatwa, P.S.- Bagaha, Dist.- West Champaran at Present resident of Rahman Nagar, P.S.- Bagaha, Dist.- West Champarn.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Milind Kumar Mishra For the Opposite Party/s : Mr.Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 25-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The present petition has been filed for grant of regular bail on behalf of the petitioner in connection with Trial No. 1865 of 2018 arising out of Chautarwa (Bathwariya) P.S. Case No. 267 of 2008 registered for the offence punishable under Section 395 of the Indian Penal Code.
The allegation is regarding the accused persons having committed dacoity in the house of the informant and upon one co-accused namely Faruki Yadav having been arrested by the Police, he is stated to have disclosed the name of the petitioner as his accomplice.
The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.76215 of 2019(2) dt.25-11-2019 2/2
the stolen articles have not been recovered from the house of the petitioner. It is further submitted that the petitioner is languishing in custody since 26.11.2018.
Having regard to the facts and circumstances of the present case, this Court deems it fit and proper to grant regular bail to the petitioner, above named, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand), with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagaha, West Chamapran in connection with Chautarawa (Bathwariya) P.S. Case No. 267 of 2008.
(Mohit Kumar Shah, J)
S.Sb/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner in a dacoity case where the stolen articles were not recovered and he has been in custody for a year.
1 provisions across 1 enactments
PRABHU YADAV
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
