The Patna High Court granted regular bail to the petitioner in a robbery case after finding that the investigation was complete and the period of custody had been extended.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.46954 of 2021
Arising Out of PS. Case No.-560 Year-2020 Thana- HAJIPUR SADAR District- Vaishali
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DHIRAJ KUMAR @ CHHOTU Son of Chandra Dev Ray Resident of village - Bagahi, P.S. - Karja, District - Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Bela Singh, Advocate For the Opposite Party/s : Mr.Md. Fahimuddin, Addl Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 11-03-2022
Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.
As per the prosecution case, 7-8 unknown miscreants stopped the pick up van of the informant on the point of pistol, looted his pick up van, got him seated in Scorpio, assaulted him and tied his eyes with cloth and after moving two hours they thrown him in a shrub near the petrol pump.
Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. Petitioner’s name has figured during course of investigation in confessional statement of co-accused. For looted articles separate case, namely, Karja Police Station Case No. 262 of 2020 under section 414 has already been instituted in which petitioner has been granted bail. Test Identification Parade has not been carried out till date. Petitioner is in custody since 27.2.2021 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the period of custody of the petitioner as well as completion of the investigation, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be
Patna High Court CR. MISC. No.46954 of 2021(3) dt.11-03-2022 2/2
enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Sadar Police Station Case No. 560/2020, GR No. 4387/2020.
(Prabhat Kumar Singh, J)
Shashi U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail after expiry of custody period and completion of investigation.
1 provisions across 1 enactments
Dhiraj Kumar
The State of Bihar
Prabh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
