The High Court of Patna granted bail to the petitioner in a robbery case instituted under Section 395 IPC, directing him to furnish bonds and ensure sureties to the Sessions Judge.
Petitioner be released on bail by furnishing a bond of Rs. 10,000 with two sureties of similar amount to the Sessions Judge.
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.80273 of 2018
Arising Out of PS. Case No.-299 Year-2017 Thana- FORBESGANJ District- Araria
======================================================
Ahmad @ Md. Ahmad @ Babli S/O Md. Jakir Resident of Village Bhagkohlia Ward No. 16, P.S. Forbesganj, District Araria.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anil Prasad Singh For the Opposite Party/s : Mr.Sri Umesh Lal Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 12-04-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code..
The prosecution case in short is that the accused persons on the point of pistol looted the cash and belongings from the house of the informant.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.5.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R.. The name of the petitioner has come on the basis of his self confession before police. There is no recovery of any incriminating articles from
Patna High Court CR. MISC. No.80273 of 2018(3) dt.12-04-2019 2/2
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, it is directed that 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 District & Sessions Judge, Araria in connection with S.T. No. 225 of 2018, arising out of Forbesganj P.S. Case No. 299 of 2017.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case for robbery where he is not named in the FIR but appears only in the charge-sheet.
1 provisions across 1 enactments
Ahmad @ Md. Ahmad @ Babli
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
