The Patna High Court allowed a bail petition filed under Section 392 IPC. The court granted bail noting the petitioner had been in custody for an extended period and no incriminating articles were recovered from him.
Bail allowed subject to furnishing a bail bond of Rs. 10,000/- with 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.20149 of 2021
Arising Out of PS. Case No.-67 Year-2019 Thana- RUPASPUR District- Patna
======================================================
Md.Meraj @ Manna Son of Abdul Qayum R/o Mohalla - Old Imarat Sariya, P.S.- Phulwari Sharif, Dist.- Patna.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Awadhesh Kumar For the Opposite Party/s : Mr.Tapeshwar Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
8. 15-11-2021 Heard learned counsel for the parties.
The petitioner seeks bail in Rupaspur P.S. Case No. 67 of 2019, registered for the offence under Section 392 of the Indian Penal Code.
As per F.I.R., four unknown miscreants on the point of pistol took away the vehicle (Scorpio), mobile and cash of Rs. 25,000/- from the informant.
Petitioner is not named in the FIR. Name of the petitioner has come during course of investigation. No incriminating article has been recovered from the possession of the petitioner. By filing supplementary affidavit, learned counsel for the petitioner submits that though, petitioner has got criminal antecedent, but in all the cases, petitioner is on bail, except the present case (i.e. Rupaspur P.S. Case No. 67 of 2019) and one Rupaspur P.S. Case No. 77 of 2019. In the present case, the
Patna High Court CR. MISC. No.20149 of 2021(8) dt.15-11-2021 2/2
petitioner is in custody since 20.05.2019 and till date, petitioner has not been put on T.I.P. Chargesheet has already been submitted.
Learned A.P.P. for the State has opposed the bail
petition.
Considering the period of custody and the fact that no incriminating article has been recovered from the possession of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Danapur, Patna in connection with Rupaspur P.S. Case No. 67 of 2019.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a robbery prosecution considering his custody period and lack of incriminating articles in his possession.
1 provisions across 1 enactments
Md.Meraj @ Manna
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
