The High Court of Patna granted bail to the petitioner in a robbery case (IPC 392). The accused, not named in the FIR and already on bail in another case, was released on bond with conditions to appear in trial and not commit similar offences.
Release of petitioner on bail bond of Rs. 10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11014 of 2022
Arising Out of PS. Case No.-229 Year-2020 Thana- KHODAWANDPUR District- Begusarai
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Arun Kumar @ S. P. Yadav S/o Gauri Shankar Yadav Rai Resident of VillageBarijana, P.S.- Khodawandpur Chhauri O.P., Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Kumar, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ======================================================
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 229 of 2020 registered for the offence under Section 392 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 07.06.2021.
The allegation against the petitioner is to commit robbery and while committing so, looted pick-up van and other belongings of the informant.
Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Vikash @
Patna High Court CR. MISC. No.11014 of 2022(2) dt.12-07-2022 2/3
Ballu Rai, in furtherance of same, no incriminating material recovered from the conscious possession of the petitioner. It is submitted that T.I.P. has not been conducted till date. It is pointed out that petitioner is involved in one more criminal case, in which he is on bail. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that petitioner is not named in the F.I.R.
Considering the facts and circumstances as mentioned above, as nothing incriminating surfaced during the course of investigation in furtherance of the confessional statement of coaccused coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khodawandpur P.S. Case No. 229 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai/concerned Court, subject to the following conditions:
Patna High Court CR. MISC. No.11014 of 2022(2) dt.12-07-2022
3/3
“(i) That accused/petitioner shall
not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall
cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(iii) That one of the bailors shall be Vishwanath Prasad, who is the maternal uncle of the petitioner and deponent of the present bail petition.”
(Chandra Shekhar Jha, J)
Ankit/-
U T
2 issues framed by the court
Whether grant of bail is appropriate where the accused was not named in the FIR and investigation is complete.
What conditions should be imposed on an accused released on bail in a robbery case.
1 provisions across 1 enactments
Arun Kumar @ S. P. Yadav
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
