This anticipatory bail application arising out of a prosecution for robbery-related offences was allowed. The sole evidence against the petitioner was the co-accused's statement without recovery or putting to the test of identification parade.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the 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.30816 of 2020
Arising Out of PS. Case No.-739 Year-2019 Thana- SAHARSA District- Saharsa
======================================================
GOLU KUMAR @ GOLU KUMAR YADAV Son of Late Raja Yadav Resident of Village- Khamauti (Khamhauti), P.S.- Bakhtiarpur, DistrictSaharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
| =================== Appearance : For the Petitioner/s : : For the Opposite Party/s : =================== |
=================================== Mr.Bhim Kumar Yadav Mr.Mahendra Thakur Mr.Akbar Ali (APP) =================================== |
|---|---|
| CORAM: HONOURABL SINGH |
E MR. JUSTICE CHAKRADHARI SHARAN |
ORAL ORDER
4 08-02-2021 Heard learned counsel for the parties.
This application for anticipatory bail arises out of
Saharsa Sadar P.S. Case No. 739 of 2019 for the offences punishable under Sections 356, 379, 327 and 34 of the Indian Penal Code.
It is the prosecution’s case that the informant, an employee of Private Financial Company, was robbed of all his valuables including cash and a mobile phone. On enquiry, name of one Monty Kumar transpired as one of the miscreants, who were riding in a motorcycle and had snatched the cash from the informant. During the course of investigation, co-accused Monty Kumar was apprehended by the police, who is said to
Patna High Court CR. MISC. No.30816 of 2020(4) dt.08-02-2021 2/3
have confessed his participation in commission of the offence.
Learned counsel appearing on behalf of the petitioner has submitted that except for the confessional statement of co-accused Monty Kumar, there is no material collected in course of investigation by the police to justify the petitioner’s complicity. He has further submitted that based on the alleged confessional statement of co-accused Monty Kumar, there has been no recovery by the police nor the petitioner has been put to T.I. Parade. The petitioner has criminal antecedent inasmuch as he is an accused in a complaint case.
On careful perusal of the case diary, it transpires that the statement of co-accused Monty Kumar was recorded in course of investigation by the police is the only material against the petitioner.
Considering the fact and circumstances, this application is allowed.
Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in Saharsa Sadar P.S. Case No. 739 of 2019, subject to the conditions as laid down
Patna High Court CR. MISC. No.30816 of 2020(4) dt.08-02-2021 3/3
under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
AKASH/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a theft and extortion case pending investigation.
1 provisions across 1 enactments
Golu Kumar @ Golu Kumar Yadav
The State of Bihar
Chakradhari Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
