The Patna High Court granted regular bail to the petitioner in a dacoity case, considering the lack of incriminating articles, custody duration, and bail granted to a co-accused.
The petitioner is enlarged on bail upon furnishing a bond 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.15753 of 2021
Arising Out of PS. Case No.-243 Year-2020 Thana- BAUNSI District- Banka
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RAMESH KUMAR @ NATWAR S/O BINDESHWARI DAS R/O VILLAGE-RAMNAGAR, P.S-BOUNSI, DISTRICT-BANKA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 09-09-2021
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 395 and 397 of the Indian Penal Code.
As per allegations in the FIR, five unknown accused persons are stated to have committed dacoity.
It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in the confessional statement of co-accused Abhisekh Singh @ Mithu in course of investigation. No incriminating article has been recovered from his possession. Inspite of being in custody since 15.9.2020 he has not been put on T.I Parade. Charge sheet has been submitted in the case. His
Patna High Court CR. MISC. No.15753 of 2021(3) dt.09-09-2021 2/2
case stands on a similar footing to that of co-accused Sagar Kumar who has been enlarged on bail vide order dated 8.7.2021 passed in Cr. Misc. no. 14340 of 2021.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the period in custody and grant of bail to co-accused, the Court directs the petitioner to be enlarged on bail in connection with Baunsi P.S. Case no. 243 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether regular bail should be granted to the petitioner charged with dacoity in view of his custody period and co-accused bail.
1 provisions across 1 enactments
Ramesh Kumar @ Natwar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
