Single judge refused bail to a petitioner charged with dacoity under Section 396 IPC. Despite claims of false implication and prior acquittals, the petitioner's criminal antecedents and status as an absconder led to the refusal of bail with a direction to surrender.
Prayer for bail refused with direction to surrender and seek regular bail.
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.25670 of 2021
Arising Out of PS. Case No.-165 Year-1998 Thana- ARA NAGAR District- Bhojpur
======================================================
HARE RAM PANDEY son of late Ramadhar Pandey 65 years resident of village Nandpur Police Station Brahmpur District Buxar at present Maharaja Hatta Katira Police Station Ara Nawada Bhojpur at Ara
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Uday Kumar, Advocate For the Opposite Party : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 11-07-2022
Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Section 396 of the Indian Penal Code.
As per the prosecution case, unknown accused persons overpowered truck being driven by the informant, killed his Khalasi by making fire on him. They also fired on the informant causing injury to him. Accused persons took away the truck of the informant.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner’s name has figured during course of investigation. No other substantive evidence has been collected during course of
Patna High Court CR. MISC. No.25670 of 2021(3) dt.11-07-2022 2/2
investigation to suggest the implication of this petitioner in the present case.
Learned counsel for the State opposes the prayer for bail submitting that petitioner has criminal antecedent of 12 cases. Section 82 and 83 Cr.P.C. process has also been started in the Court below. In reply, learned counsel for the petitioner submits that the petitioner has been acquitted in all the cases. Petitioner remained absconder since 2018.
Considering the criminal antecedent of the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.
(Prabhat Kumar Singh, J)
shashi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner facing charges under Section 396 IPC considering his criminal antecedents.
Whether the petitioner's status as an absconder and multiple criminal antecedents precludes bail.
3 provisions across 2 enactments
Hare Ram Pandey
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
