In an appeal against refusal of bail, the Patna High Court allowed the petitioner's bail in a robbery case under Section 392 IPC, directing his release on surething a bond of Rs. 10,000 with two sureties.
Directing the petitioner to be released on bail on 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.8800 of 2020
Arising Out of PS. Case No.-284 Year-2019 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Sanjeev Kumar @ Sanjiv Kumar @ Banda Yadav @ Banda, Son of Suryadeo Yadav Resident of Village - Saren, P.S. - Makhadumpur, District - Jehanabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
7 12-10-2020
Heard learned counsel for the petitioner and the
learned A.P.P. for the State through video conferencing.
The petitioner seeks bail in connection with Makhdumpur (Tehta O.P) P.S. Case No. 284 of 2019, registered under Section 392 of the Indian Penal Code.
The accusation is that on 22.06.2019, informant
Binod Kumar was returning to his village, boarding on his Splender Plus motorcycle bearing registration No. BR02AQ5797 after appearing in B.A Part-II examination, when he reached near Hanuman temple at Tehta Bypass, then four persons boarding on two motorcycles surrounded him and forcibly snatched his purse, mobile bearing SIM No. 9801878290, locket and motorcycle. It is alleged that all the four culprits were talking in local languages and they are aged
Patna High Court CR. MISC. No.8800 of 2020(7) dt.12-10-2020 2/3
about 17 to 30 years. Out of four culprits, he identified two by their physique and age in between 18 to 30.
Learned counsel appearing for the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the robbed mobile set of the informant was detected to be used by the wife of the petitioner, as detailed in paragraph No.60 of the case diary. Thereafter, the petitioner was apprehended and his confessional statement was recorded showing his involvement. Further submission is that it is detailed in supplementary affidavit filed on behalf of petitioner that the mobile set, which is said to be robbed mobile of the informant, was actually purchased from Ajit Kumar of Tehari, who used to reside at Tehta and after purchasing the said mobile, the petitioner handed over the same to his wife. Further submission is that while petitioner is accused in four cases, as detailed in paragraph 3, but in all cases, he is on bail. Further submission is that while informant has detailed the physique of the culprit, but petitioner has not been put on T.I.P, while he is in custody since 22.12.2019.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten
Patna High Court CR. MISC. No.8800 of 2020(7) dt.12-10-2020 3/3
Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Makhadumpur (Tehta O.P) P.S. Case No. 284 of 2019.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case alleged to involve extortion by robbery under Section 392 IPC.
1 provisions across 1 enactments
Sanjeev Kumar @ Sanjiv Kumar @ Banda Yadav @ Banda
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
