In bail application challenging custody, High Court granted bail to petitioner accused under multiple IPC sections and N.D.P.S. Act after finding defect in charge sheet due to lack of recovery and T.I. Parade.
Petitioner released on bail on Rs. 10,000/- bond with two sureties subject to appearance and witness protection conditions.
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.16249 of 2022
Arising Out of PS. Case No.-119 Year-2021 Thana- HATHAURI District- Muzaffarpur
======================================================
NAVEEN KUMAR S/O LATE ASHARFI RAI R/o Village- Paramjeewar, Tole Chakki, P.S.- Hathauri, District- Muzaffarpur, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 23-08-2022
Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Hathauri P.S. Case No. 119 of 2021 for the offences under Section 394 of the Indian Penal Code.
As per the allegation in the FIR, the informant has alleged that while he was coming on a motorcycle, he was intercepted by three accused persons, who on the point of pistol snatched the motorcycle, helmet and his mobile.
Subsequently, during the investigation one Kundan Kumar was apprehended and he confessed in his statement before the police about the involvement of the petitioner herein.
Patna High Court CR. MISC. No.16249 of 2022(3) dt.23-08-2022 2/3
Accordingly, the petitioner, who was already in judicial custody in connection with Hathauri P.S. Case No. 134 of 2021 under Sections 399 and 402/34 of the Indian Penal Code and Section 20 and 22 of the N.D.P.S. Act was remanded in this case and he is in judicial custody since 22.12.2021 (as stated in paragraph-10 of the bail application.
Learned counsel for the petitioner submits that although he is in custody since 22.12.2021 neither anything has been recovered from his conscious possession or home nor he has been put on T.I. Parade.
Considering the aforesaid facts as also the fact that he is in custody since 22.12.2021, charge sheet stands submitted and no T.I. Parade has been conducted, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class (East), Muzaffarpur in connection with Hathauri P.S. Case No. 119 of 2021, subject to the following conditions:-
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show
Patna High Court CR. MISC. No.16249 of 2022(3) dt.23-08-2022 3/3
his/her bona fide ;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is
allowed.
(Rajiv Roy, J)
Jagdish/-
U T
1 issue framed by the court
Whether the petitioner, accused of robbery, narcotics violations, and robbery from a motorbike, deserves bail after prolonged custody without fresh recovery or T.I. Parade?
2 provisions across 2 enactments
NAVEEN KUMAR
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
