Single judge order granting regular bail to the petitioner accused of robbery under Section 392 IPC. Court noted absence of T.I. Parade, recovery of loot, and prior concessions of bail to co-accused.
Petitioner released on regular bail on furnishing bond of Rs. 25,000 with two sureties.
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.33667 of 2021
Arising Out of PS. Case No.-75 Year-2020 Thana- INDUSTRIAL District- Bhagalpur
======================================================
RAHUL @ NARIYAL @ RAHUL SAH S/O LATE TUNTUN SAH @ MUNNA SAH R/O VILLAGE-SIKANDARPUR, P.S.- MOJAHIDPUR, DISTRICT BHAGALPUR
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
7 18-04-2022
Heard learned counsel for the petitioner and learned
Petitioner seeks regular bail in connection with Industrial Prakshetra (Bhagalpur) P.S. Case No. 75 of 2020 registered for the offence under Section 392 of the I.P.C.
The allegation, as per the First Information Report, is that four unknown accused persons looted a sum of Rs.1300/-, motorcycle, gold ring and mobile of the informant on gun point.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of confessional statement made by the co-accused / Umang Kumar in Mojahidpur (Babarganj) P.S. Case No. 164 of 2020 registered under Sections 399, 402, 353 of the I.P.C. He further submits
Patna High Court CR. MISC. No.33667 of 2021(7) dt.18-04-2022 2/3
that no incriminating article and / or looted property has been recovered from the possession of the petitioner and he has not been put on Test Identification Parade despite the petitioner being in jail since 11-12-2020. Accordingly, submission is that except confessional statement no other material is there against the petitioner to connect him with the present offence and other co-accused persons namely Santosh Kumar Yadav @ Chotu Kumar and Aniket Pandey @ Aniket Kumar Pandey have been granted bail by this Court in Cr. Misc. 39289 of 2021 and 30921 of 2021 respectively.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has not been put on T.I. Parade, no incriminating and / or looted article has been recovered from the possession of the petitioner, he is in custody since 11/12/2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/(twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Industrial Prakshetra P.S. Case
Patna High Court CR. MISC. No.33667 of 2021(7) dt.18-04-2022 3/3
No. 75 of 2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Anil Kumar Sinha, J)
S.Ali/-
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail in connection with robbery charges.
Whether the lack of Test Identification Parade and recovery of incriminating articles warrants bail.
1 provisions across 1 enactments
Rahul @ Nariyal @ Rahul Sah
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
