The Patna High Court rejected the bail application of a petitioner in judicial custody charged with robbery and extortion. The Court noted the petitioner's confession and recovery of looted items, finding these indications not supportive of bail.
Bail is rejected. The defect(s) in the records must be removed within four weeks.
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.16242 of 2022
Arising Out of PS. Case No.-856 Year-2021 Thana- NAGAR District- Vaishali
======================================================
Om Singh @ Rishi Raj, Son of Anil Singh Resident of Village - Hathsarganj, Damodar Nagar, P.S.- Hajipur Town, Distt.- Vaishali.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Mandira Sau, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
petitioner and Mr.Bharat Bhushan, learned APP for the State.
Let the defect(s) be removed within four weeks of the
complete start of the physical Court in normal course.
The petitioner is in judicial custody in connection with Hajipur Town P.S. Case No.856/2021 instituted under Section 395, 397 and 412 of the IPC.
The FIR was lodged against the unknown persons alleging therein that they stormed the jewellery shop and decamped with gold ornaments worth Rs.55 lakhs, diamond jewellery worth Rs.40 lakhs and 3 lakhs cash beside looting the customers present in the shop.
In this case, case diary was called for on 13.07.2022 which has since been received.
Mr. Bharat Bhushan, learned APP has taken this Court
Patna High Court CR. MISC. No.16242 of 2022(3) dt.16-08-2022 2/2
attention to para-36 of the case diary in which the petitioner made a confessional statement accepting his participation in the alleged loot. He has further taken this Court’s attention to para43 of the case diary in which pursuant to the confession made by the petitioner, the looted articles like two silver fishes and a box having Aditya Jewellers inscribed in it were recovered from his house. He has further taken this Court’s attention to the presentation of the alleged looted articles that is part of the case diary in which the informant was asked to identify the said articles and in para-77 and 79 the recovered/seized articles i.e. the black jewellery box and the two silver fishes were identified by the informant.
Taking into account all the aforesaid facts that it was a loot of jewellery shop, after being apprehended, he made confessional statement which gets corroborated after the recovery of the looted articles from his house which also was subsequently identified by the informant, this Court for the present is not inclined to grant him privilege of bail, which is accordingly rejected.
(Rajiv Roy, J)
Prakash Narayan /- U T
2 issues framed by the court
Whether to grant bail to the petitioner prosecuted for robbery and extortion.
Whether the confessional statement and recovery of looted articles justify rejection of bail.
3 provisions across 1 enactments
Om Singh @ Rishi Raj
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
