In a bail petition under PS Case No. 73 of 2020 for robbery, the Patna High Court granted bail to the petitioner subject to a standard bond and conditions regarding trial cooperation and non-interference with witnesses.
Enlargement on bail on 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.4227 of 2021
Arising Out of PS. Case No.-73 Year-2020 Thana- NARPATGANJ District- Araria
======================================================
ARIF @ MD. ARIF Son of Majalum Hussain Village- Bardaha, P.S.Narpatganj, District- Araria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gopal Kumar Jha For the Opposite Party/s : Ms. Rita Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 17-06-2021
This matter is taken up for consideration through
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Narpatganj (Ghurna OP) P.S. Case No. 73 of 2020 (GR No. 486/2020), registered for the offence punishable under Section 394 of the Indian Penal Code.
As per the prosecution case, on the alleged date and time of occurrence, while the informant was returning on his motorcycle from his sister-in-law house, on the way, three miscreants intercepted the motorcycle of informant and assaulted him and looted his motorcycle and fled away.
It is submitted on behalf of the petitioner that petitioner is neither named in the FIR nor any incriminating
Patna High Court CR. MISC. No.4227 of 2021(3) dt.17-06-2021 2/3
article has been recovered from his possession. Name of the petitioner has come in this case on the basis of confessional statement of co-accused Lalu. No test identification parade has been held till date. Petitioner is in custody since 30.06.2020. Investigation is complete.
Learned APP vehemently opposed the prayer for bail. Considering the fact that nothing has been recovered from possession of this petitioner and no TIP has been held till date, the petitioner above-named, is directed to be enlarged 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 Chief Judicial Magistrate, Araria in connection with Narpatganj (Ghurna OP) P.S. Case No. 73 of 2020 (GR No. 486/2020), subject to following conditions:-
(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.4227 of 2021(3) dt.17-06-2021 3/3
to move for cancellation of bail of the petitioner.
(Prabhat Kumar Singh, J)
vinita/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case accused of robbery under Section 394 IPC.
Whether the lack of incriminating articles and absence of test identification parade impacts the bail decision.
Arif @ Md. Arif
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
