Petitioner sought bail in a snatch case. Court granted bail noting absence of antecedents, co-accused on bail, and FIR not naming petitioner, though a tower match was alleged. Bail fixed at Rs. 10,000 with conditions.
Petitioner released on regular bail on bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33782 of 2021
Arising Out of PS. Case No.-33 Year-2020 Thana- BACHHWARA District- Begusarai
======================================================
DORIK ROY @ DWARIKA RAY S/o Late Dhani Chand Ray R/o villagePokhraira, P.S.- Muffasil, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 17-01-2022 Heard learned counsel for the parties through video conferencing.
Petitioner seeks regular bail in connection with Bachhwara P.S. Case No. 33 of 2020 registered for the offence under Section 392 of the I.P.C.
The allegation as per the first information report is that the informant was intercepted by four persons riding on two motorcycles, who snatched a sum of Rs. 3.45 lakh from the informant. The F.I.R. has been lodged against unknown.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and he has been dragged in this case on the basis of tower location of the mobile of the
Patna High Court CR. MISC. No.33782 of 2021(3) dt.17-01-2022 2/3
petitioner near the place of occurrence during investigation and after arrest of the petitioner his confessional statement has been recorded by the Police. He next submits that except confessional statement, there is no material against the petitioner and so far recovery of a sum of Rs. 15000/- from the house of the petitioner is concerned, the same is not looted amount. He further submits that as per the F.I.R. informant has assessed the age group of the miscreants between 20-25 years and 16-17 years, whereas the petitioner is aged about 52 years. He further submits that one of the co-accused / Rupak Singh has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 39277 of 2020, petitioner is in custody since 29-02-2020.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 29/02/2020 and co-accused has been granted bail by this Court, 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. 10000/(ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar, Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.33782 of 2021(3) dt.17-01-2022 3/3
Begusarai in connection with Bachhwara P.S. Case No. 33 of
2020 on the following conditions:-
(i) That one of the bailors shall be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor shall also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner shall be well represented
on each date and if he fails to do so on two consecutive
dates, his bail bond shall liable to be cancelled .
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a case under Section 392 IPC.
DORIK ROY @ DWARIKA RAY
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
