Petitioner Vaibhav Kumar absconded on bail. The High Court granted him bail on the basis of the investigation report which states that no material was collected against him other than a co-accused's confession.
The petitioner was directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of 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.4897 of 2020
Arising Out of PS. Case No.-316 Year-2019 Thana- GHORASAHAN District- East
Champaran
======================================================
Vaibhav Kumar @ Vibho, Aged about 23 years, Male, Son of Sri Anil Kumar Singh, Resident of Village Ganga Pipar, P.S. Chiraiya, Dist. East Champaran.
... ... Petitioner/s
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Pratap Singh For the Opposite Party/s : Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 28-05-2020
Heard both sides through video conferencing.
The petitioner seeks bail in Ghorasahan P.S. Case No.316 of 2019, registered under Section 392 of the Indian Penal Code.
The informant, Pradeep Kumar lodged the case against three unknown persons who robbed his bag containing Rs.3,15,000/- and other articles.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner figured in the case in para 42 of the case diary in the confessional statement of the co-accused, Ram Babu Sah. Ram Babu Sah disclosed the name of Chandan, Vibhav and Suraj. Chandan and Suraj have already been enlarged on bail. The petitioner is an accused in one more criminal case. The petitioner was not put on
Patna High Court CR. MISC. No.4897 of 2020(3) dt.28-05-2020 2/2
TIP. Nothing has been recovered from possession of the petitioner. The petitioner is in jail since 15.10.2019.
Taking into consideration the facts that save and except the confessional statement of co-accused, the Investigating Officer did not collect any further material and two other accused persons whose names also surfaced in the case on the basis of confessional statement of Ram Babu Sah along with the petitioner have already been enlarged on bail, petitioner, namely, Vaibhav Kumar @ Vibho is directed to 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 the learned S.D.J.M., Sikarahna, Dhaka in connection with Ghorasahan P.S. Case No.316 of 2019.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a robbery case where his name appeared in the case diary based on a co-accused's confessional statement despite not being named in the FIR.
Vaibhav Kumar @ Vibho
The State of Bihar
Prabhataru Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
