Petitioner sought pre-arrest bail apprehending arrest in PS Case No. 331 of 2019 (IPC 392) at Udwant Nagar. Court rejected the petition, observing that the informant detailed the physique of culprits, and the court is not inclined to grant the relief.
Prayer for grant of pre-arrest bail rejected.
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.28016 of 2020
Arising Out of PS. Case No.-331 Year-2019 Thana- UDWANTNAGAR District- Bhojpur
======================================================
BRAJESH KUMAR PANDEY @ BRAJESH PANDEY S/o Sri Ram Pandey Resident of Village-Kherauni, Police Station-Bihiyan, District-Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Prasad Singh, Advocate For the Opposite Party/s : Mr.A.M.P. Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 12-02-2021
As prayed for, let the learned counsel appearing for
the petitioner remove the defect(s), as pointed out by the office vide its notes dated 19.10.2020, within four weeks of starting of Court proceeding in physical mode.
Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing.
The petitioner apprehends his arrest in connection with Udwant Nagar P.S. Case No. 331 of 2019, registered under Section 392 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Bhojpur, Ara.
The accusation is that on 21.08.2019, at about 9.30 P.M, informant Sonu Kumar Singh along with his brother Aditya Kumar proceeded for Ara boarding on motorcycle. On the way, three persons boarded on black colour Pulsar
Patna High Court CR. MISC. No.28016 of 2020(2) dt.12-02-2021 2/3
motorcycle came in front of him and made query about the way of Bharasara. At that time, three persons got down from the motorcycle and pointed pistol at him and they took away his mobile set bearing SIM of Idea and Airtel and also took cash of Rs. 13,000/- from the pocket and they also took Pan Card, ATM Card, Voter card. The informant asserted the age of three miscreants between 25 to 30 years out of them two miscreants were in short heights while other was in general height with slim body.
Learned counsel appearing on behalf of petitioner submits that petitioner is not named in the F.I.R. as on the basis of fardbeyan of Sonu Kumar Singh, Udwant Nagar P.S. Case No. 331 of 2019 was instituted under Section 392 of the I.P.C. against three unknown. In course of investigation, one Manish Pandey @ Manish Naga was apprehended in another case, who confessed his guilt having hand in the present case also in association with the petitioner. Further submission is that, in fact, the petitioner is accused in Bihiyan P.S. Case No. 380 of 2019, as detailed in paragraph No. 3, due to that reasons, the Police implicated the petitioner showing his name in the confessional statement of accused.
Having considered the facts and circumstances of
Patna High Court CR. MISC. No.28016 of 2020(2) dt.12-02-2021 3/3
the case and the nature of allegation against the petitioner and also the fact that the informant has detailed the physique and age of culprits, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected.
(Rajendra Kumar Mishra, J)
manish/-
U T
3 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner who apprehends arrest in connection with an alleged robbery case pending against three unknown accused.
Whether the facts and circumstances of the case justify the denial of pre-arrest bail.
Whether the police implication of the petitioner in a confessional statement of another accused warrants the grant of bail.
1 provisions across 1 enactments
Brajesh Kumar Pandey @ Brajesh Pandey
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
