High Court granted bail to Rahul Kumar in a robbery charge (Sections 392/395 IPC) where co-accused were released, noting lack of material evidence and non-attachment of seizure list despite petitioner's antecedents.
Petitioner released on bail on Rs. 10,000/- with two sureties of similar amount to the ACJM at Bikramganj.
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.41086 of 2022
Arising Out of PS. Case No.-147 Year-2021 Thana- DINARA District- Rohtas
======================================================
RAHUL KUMAR S/o Sanjay Chandrabanshi @ Sanjay Singh Resident of Paswan Muhalla, Nokha, P.S.- Nokha, District- Rohtas (Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Tiwari Shwetketu For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Dinara (Bhanas) P.S. Case No. 147/2021 registered for the offences punishable under Sections 392 of the Indian Penal Code. However, charge-sheet has been submitted under Sections 395 and 412 of the Indian Penal Code.
As per prosecution case, the informant alongwith his brother-in-law was going to his village by motorcycle. It is further alleged that the motorcycle has been taken away by the miscreants on the gun point.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.41086 of 2022(2) dt.15-11-2022 2/3
case due to dirty village politics. The petitioner is not named in the FIR. During the course of investigation, the name of petitioner transpired in this case on the basis of confessional statement of co-accused, Munna Kumar. The petitioner has been remanded in this case from Dinara P.S. Case No. 157/2021 on 25.01.2022 and since then he is in custody in this case. The petitioner bears criminal antecedent of 03 cases and in all cases he is on bail. Seizure list has not been prepared as per law. No any material or cogent evidence against the petitioner to demonstrate or connect the petitioner in the present case. He further submits that the petitioner has not been put on T.I.Parade till date. Co-accused, Anup Kumar has been granted bail by this Court vide Cr. Misc. No.20478/2022 and the case of present petitioner stands on similar footing. Co-accused, Munna Kumar has also been granted bail by this Court vide Cr. Misc. No.19832/2022.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner bears 03 criminal antecedents.
Considering the facts and circumstances of the case, period of custody, on the basis of principle of parity in which co-accused persons have already been granted bail, argument
Patna High Court CR. MISC. No.41086 of 2022(2) dt.15-11-2022 3/3
advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IIIrd at Bikramganj, District-Rohtas, in connection with Dinara (Bhanas) P.S. Case No. 147/2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
amitkumar/-
U T
3 issues framed by the court
Whether the petitioner is eligible for bail despite prior criminal antecedents considering co-accused have already been granted bail.
Whether non-filing of seizure list is fatal to maintaining the petitioner's continued incarceration.
Whether the material on record connects the petitioner to the offence or justifies remand in custody.
Rahul Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
