Patna High Court granted bail to petitioner in affidavits related to Section 395 IPC robbery case, directing furnishing of bond with sureties to the Sessions Judge, noting petitioner not named in FIR initially.
Petitioner enlarged on bond of Rs. 10,000/- with two sureties to satisfaction of 9th Addl. Sessions Judge, Bhagalpur.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16856 of 2022
Arising Out of PS. Case No.-77 Year-2017 Thana- HABIBPUR District- Bhagalpur
======================================================
Dilip Das Son of Rajendra Ravidas @ Rajendra Das Resident of Village - Koili, P.S. - Jagdishpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha For the Opposite Party/s : Mr.Md. Ataur Rahman ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 25-05-2022 Heard both parties.
The petitioner seeks bail in Habibpur P.S. Case No. 77 of 2017 corresponding to Sessions Trial No. 481 of 2021, registered for the offence punishable under Section 395 of the Indian Penal Code.
As per prosecution case, some unknown miscreants looted the truck of informant (driver) in which mobile, PAN Car, Aadhar Card, Driving licence, cash etc., were kept and left the informant in an orchard after tying his hands and legs.
It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of coaccused Suraj Mandal. No incriminating article has been recovered from possession of this petitioner. No test
Patna High Court CR. MISC. No.16856 of 2022(2) dt.25-05-2022 2/2
identification parade has been held till date. Petitioner is in custody since 23.01.2020. Investigation is complete.
Considering the facts and circumstances of the case, 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 9th Additional District & Sessions Judge, Bhagalpur in connection with Habibpur P.S. Case No. 77 of 2017 corresponding to Sessions Trial No. 481 of 2021.
(Prabhat Kumar Singh, J)
vinita/- U T
2 issues framed by the court
Whether the petitioner entitled to bail in proceedings for robbery under Section 395 IPC.
Whether bail is to be granted pending trial in a serious offence where investigation is complete.
Dilip Das
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
