The Patna High Court granted bail to the petitioner in a robbery case under Section 395 IPC. The court noted the petitioner was not in the FIR initially and conditions of the recovery were chaotic, despite the co-accused already being on bail.
Petitioner released on bail after framing of charge by furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44858 of 2022
Arising Out of PS. Case No.-40 Year-2020 Thana- KHAIRA District- Saran
======================================================
ABHISHEK KUMAR SON OF SURESH RAI R/O VILLAGE- WAJITPUR, P.S.- CHAPRA MUFFASIL, DISTRICT- SARAN (CHAPRA)
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Singh For the Opposite Party/s : Mr.Shyam Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 05-12-2022 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 Khaira (Nagra O.P.) P.S. Case No. 40 of 2020 registered for the offences punishable under Sections 395 of the Indian Penal Code.
As per prosecution case, seven unknown miscreants on three motorcycles are alleged to have robbed the office of the informant of Rs. 1,11,000/- approx on the point of pistol. The informant gives the description of the accused persons and also mentions about CCTV footage.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.44858 of 2022(2) dt.05-12-2022 2/4
petitioner is not named in the FIR. His name has been transpired in the case upon the confessional statement of co-accused Pankaj Kumar. Except confessional statement of co-accused there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. He further submits that petitioner is in custody since 02.02.2022 and bears criminal antecedent of five cases in which he is on bail in three cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further orally submits that no TIP has been conducted uptill now. He further submits that annexure 2 of the bail petitioner shows that there is no CCTV footage of the occurrence in question which is mentioned in the order dated 16.08.2021 passed in Cr. Misc. No. 36218 of 2020 by the coordinate bench of this Court. He further submits that co-accused Pankaj Kumar upon whose confessional statement the name of present petitioner has been surfaced in the case, has been granted bail vide Cr. Misc. No. 36218 of 2020 by the coordinate bench of this Court and the case of present petitioner stands on better footing.
Patna High Court CR. MISC. No.44858 of 2022(2) dt.05-12-2022 3/4
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail by co-ordinate bench of this court, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument 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, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Chapra, District- Saran in connection with Khaira (Nagra O.P.) P.S. Case No. 40 of 2020, 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.
Patna High Court CR. MISC. No.44858 of 2022(2) dt.05-12-2022 4/4
(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.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month.
(v) Petitioner shall not leave the territorial jurisdiction of the concerned trial court without appropriate permission of the court concerned.
(vi) However, if petitioner violates any of the conditions, the concerned court is at liberty to cancel the bail bond of the petitioner.
(Alok Kumar Pandey, J)
vashudha/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a robbery case involving Section 395 IPC.
Whether the relaxation of bail conditions is warranted given the conflicting evidence and prior bail of a co-accused.
ABHISHEK KUMAR SOTH SURESH RAI
THE STATE OF BIHAR
ALOK KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
