The Patna High Court granted regular bail to the petitioner in a case involving robbery and related offences, noting his co-accused was already on bail and no recovery was made from him.
The petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the 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.79554 of 2018
Arising Out of PS. Case No.-590 Year-2018 Thana- TURKAULIYA District- East
Champaran
======================================================
Hari Om @ Hariom Kumar Singh @ Hariom Kumar son of Shambhu Singh, resident of Village- Ajagari Math, P.S. - Banjariya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 22-01-2019
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 590 of 2018, registered for the offence punishable under Sections 392, 120(B) and 411 of the Indian Penal Code.
It is alleged in the written report that on the date of occurrence, informant was going to attend meeting at Anjgari Mathwa Tola then near Phulwari of Ramniwas Singh three persons intercepted him and snatched the bag which he was carrying. The accused persons were addressing each other as Neyaz (petitioner), Tasir and Mainnuddin. At the same time one person namely Hari Om came there and said something to them
Patna High Court Cr.Misc. No.79554 of 2018(2) dt.22-01-2019 2/3
and left. Thereafter the accused persons fled away after snatching the mobile and cash of the informant. The villagers identified the accused persons as petitioner and others.
The learned counsel for the petitioner has submitted that even if the fardbeyan of the informant is believed, the petitioner has got no complicity in the matter, nonetheless, it is submitted that no recovery has been made from the possession of the petitioner so as to indict him in the present case. The learned counsel for the petitioner has further submitted that the petitioner has surrendered subsequently and no Test Identification Parade has been conducted so as to identify him as one of the person, who had arrived at the spot and left. Lastly, it is submitted that though the petitioner is accused in four other cases, but he is on bail in the said cases. The petitioner is stated to be languishing in custody since 09.09.2018. The co-accused person, namely, Md. Neyaz @ Neyaz is said to have been granted bail by this Court by an order dated 17.01.2019 passed in Criminal Miscellaneous No. 80719 of 2018.
Having regard to the facts and circumstances of the case and also the fact that similarly situated co-accused person has been allowed bail by this Court, I deem it fit and proper to enlarge the petitioner on regular bail.
Patna High Court Cr.Misc. No.79554 of 2018(2) dt.22-01-2019 3/3
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 590 of 2018.
(Mohit Kumar Shah, J)
ajay gupta/-
U T
3 issues framed by the court
Whether regular bail should be granted to the petitioner in connection with an alleged robbery and snatchings case.
Whether the petitioner's submission that he had no complicity and was on bail in other cases justifies bail.
Whether the fact that a similarly situated co-accused has been granted bail warrants enlargement of the petitioner.
3 provisions across 1 enactments
HARI OM @ HARIONOM KUMAR SINGH @ HARIONOM KUMAR
THE STATE OF BIHAR
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
