The High Court of Patna granted regular bail to the petitioner in a case of robbery and assault under section 392 IPC, directing him to execute a bail bond with two sureties.
Enlargement on bail by furnishing a bail bond of Rs.10,000 and two sureties of the 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.19148 of 2021
Arising Out of PS. Case No.-954 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
SHASHI KUMAR @ SHASHI KUMAR YADAV SON OF OMPRAKASH YADAV RESIDENT OF VILLAGE- GANJBHAG DHANGARA, P.SSIMRAHA DIST- ARARIA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar Singh, Adv. For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 17-09-2021
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 section 392 of the Indian Penal Code.
As per the prosecution case, four accused persons on two motorcycles assaulted the informant and on the point of firearm robbed him of a sum of Rs.45,000/, mobile phone etc.
It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Referring to the order of the learned trial court where the contents of the case diary has been dealt with in detail, it is submitted that the name of the petitioner transpired in course of investigation on the
Patna High Court CR. MISC. No.19148 of 2021(2) dt.17-09-2021 2/2
confessional statement of co-accused Chhotu Mehta and it is further alleged that a looted mobile phone was recovered from the petitioner’s possession. It is submitted that no incriminating article has been recovered from the petitioner's possession. Inspite of the petitioner being taken into custody on 3.12.2020, he has not been put on T.I. parade. He has no criminal antecedent and chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Forbesganj P.S. Case no.954 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, Araria/successor court.
(Partha Sarthy, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case under section 392 IPC wherein the name transpired during investigation and chargesheet has been submitted?
1 provisions across 1 enactments
Shashi Kumar @ Shashi Kumar Yadav
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
