Grant of regular bail to the petitioner in a dacoity case under Sections 392, 120(B), 395, and 397 IPC, highlighting lack of FIR implication and no incriminating evidence against him despite custody.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3205 of 2022
Arising Out of PS. Case No.-451 Year-2018 Thana- MAHESI District- East Champaran
======================================================
SHAMBHU PASWAN Son of Kishun Paswan Resident of Village - Gosai Tola, Police Station - Kanti, District - Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwari For the Opposite Party/s : Mr.Anuj Kumar Shrivastava ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 17-05-2022
Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 392/120(B)/395/397 of the Indian Penal Code.
The FIR of the occurrence of dacoity is against unknown.
Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Siyaram Sahani and only material that has come against this petitioner is that tower location of his mobile was found near the place of occurrence. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on
Patna High Court CR. MISC. No.3205 of 2022(4) dt.17-05-2022 2/2
Test Identification Parade. Petitioner c is in custody since 07.04.2021 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, East Champaran, Motihari in connection with Mehsi PS case No. 451/2018.
(Prabhat Kumar Singh, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner seeking regular bail in a dacoity case should be released on bail given he is not named in the FIR and no incriminating articles were recovered.
1 provisions across 1 enactments
Shambhu Paswan
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
