Single Judge order granting bail in a robbery case under Section 392 IPC. The petitioner, not originally named in the FIR, argued lack of incriminating evidence and non-holding of TIP. Bail granted with conditions.
Enlargement on bail on furnishing bond of Rs. 10,000/- with two sureties of 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.4259 of 2021
Arising Out of PS. Case No.-479 Year-2019 Thana- BIDUPUR District- Vaishali
======================================================
AJEET KUMAR @ RANGDARWA @ GULLI Son of Ramekwal Singh Resident of Village- Daudnagar, P.S.- Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Tiwary-1 ======================================================
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 Bidupur P.S. Case No. 479 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.
As per the prosecution case, on 19.11.2019 while the informant was going to deliver certain parcels, on the way, two unknown miscreants came on Apache motorcycle and looted his parcel bag containing 17 parcels and cash of Rs. 29, 242/- along with other documents like ATM card, Driving license etc.
It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of
Patna High Court CR. MISC. No.4259 of 2021(3) dt.17-06-2021 2/3
investigation, name of this petitioner has come in this case. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner has been remanded in this case from Bidupur P.S. Case No. 11 of 2020 and is in custody since 24.01.2020.
Considering the facts and circumstances of the case and the fact that TIP has not been held till date and nothing has been recovered from conscious possession of this petitioner, 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, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 479 of 2019, 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.4259 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
1 issue framed by the court
Whether to grant bail to the petitioner in the lerevingal case.
1 provisions across 1 enactments
Ajeet Kumar @ Rangdarwa @ Gulli
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
