Allowed

Suraj Kushwaha @ Suraj Choudhary @ Suraj Prakash v. The State of Bihar

Patna HC25 Jun 2020CR. MISC./8052/2020

Case brief

AI extract

What is this about?

On a criminal miscellaneous application for bail in a case of robbery registered under Section 392 IPC, the High Court granted provisional bail for three months. The court emphasized the lack of recovery and the absence of a test identification parade in favor of the petitioner. Due to the COVID-19 pandemic, the bail bond could be accepted via an undertaking with a registered Aadhar card of the su

What did the court decide?

Grant of provisional bail for a period of three months on furnishing undertaking and Aadhar card copy; direction to confirm bail within three months on formal bond and two sureties.

Suraj Kushwaha @ Suraj Choudhary @ Suraj Prakash Vs The… — Property and Title | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8052 of 2020

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Arising Out of PS. Case No.-360 Year-2018 Thana- BUXAR MUFFSIL District- Buxar

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======================================================

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Suraj Kushwaha @ Suraj Choudhary @ Suraj Prakash Son of Satyanarayan Singh @ Satya Narayan Chaudhary Resident of Village - Barka Nuwan, P.S.Buxar (M), Distt.- Buxar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Singh For the Opposite Party/s : Mr.Gauri Shankar Gupta ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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3 25-06-2020 The matter has been taken up through virtual Court proceeding.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is languishing in jail since 03.12.2019 in a case registered for the offences punishable under Section 392 of the IPC.

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The prosecution case, as per the written report of Bimlesh Kumar Singh, submitted to the SHO, Buxar police station is to the effect that the informant is working in the Customer Service Centre. On 28.11.2018 at 11.30 A.M., six persons came on two motorcycles. Out of them, two persons kept the two motorcycles in running position and six persons

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Patna High Court CR. MISC. No.8052 of 2020(3) dt.25-06-2020 2/4

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entered into the Centre and on the point of pistol, took out Rs.1,45,000/-, Nokia mobile and escaped from the scene, leading to registration of the FIR against unknown. The name of the petitioner sprang up on the confession of co-accused Chintu Rajbhar, witness Radheshyam Singh and Chhepu Singh whose statements have been recorded in paragraph nos.73 and 74 of the case diary, as the person who was fleeing away from the spot.

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It is submitted by learned counsel for the petitioner that the name of the petitioner sprang up on the statement of coaccused as the person who was fleeing away from the spot. It it further submitted that petitioner has not been put on Test Identification Parade and the investigation has already been concluded. The petitioner is accused in one other case in which prayer of the petitioner for bail has been rejected. It is also submitted that co-accused Chintu Kumar @ Chintu Rajbhar has been granted bail by a bench of this Court vide order dated 16.05.2019 passed in Cr.Misc.No.32550 of 2019, as contained in Annexure-2.

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Learned APP submits that the petitioner’s name sprang up during investigation as the person who was fleeing away from the scene and that chargesheet has been submitted under

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Patna High Court CR. MISC. No.8052 of 2020(3) dt.25-06-2020 3/4

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Section 395 of the IPC.

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Considering the fact that there is no recovery from the petitioner nor the learned APP has controverted the stand of the petitioner that till date he has not been put on Test Identification Parade, let the petitioner above named be released on bail, for the present, provisionally for a period of three months on furnishing one surety to the satisfaction of the learned CJM, Buxar in connection with Buxar (Muffasil) P.S.Case No.360 of 2018.

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However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-Mode.

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The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar including one surety given at the time of provisional bail.

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Patna High Court CR. MISC. No.8052 of 2020(3) dt.25-06-2020 4/4

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The learned Court below will be at liberty to further extend the period of provisional bail if the Court proceeding in physical mode will not resume in next three months.

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(Dinesh Kumar Singh, J)

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anil/-

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Suraj Kushwaha @ Suraj Choudhary @ Suraj Prakash v. The State of Bihar

Case brief

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Suraj Kushwaha @ Suraj Choudhary @ Suraj Prakash v. The State of Bihar

Case brief

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What did the court decide?

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