Single judge granted regular bail to the petitioner in a case of snatching (IPC 392). The court noted recovery of looted cash from co-accused and questioned the validity of a coerced confession against the petitioner.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties of the like amount each.
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.1998 of 2023
Arising Out of PS. Case No.-134 Year-2022 Thana- NAYA RAM NAGAR District- Munger
====================================================== NEERAJ KESHRI Son of Late Ganesh Prasad Keshri R/v- Rampur Bhikhari, Gulzar Pokhar, P.S.- Kotwali, District- Munger
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Jha For the Opposite Party/s : Mr.Rajendra Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 19-06-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.
The allegation against the petitioner along with two unknown persons is of snatching the money bag of the informant, thereafter they fled away. The informant further alleged that due to conspiracy of the petitioner the incident of loot took place.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. During investigation, the looted cash has been recovered from the possession of other co-accused namely,
Patna High Court CR. MISC. No.1998 of 2023(3) dt.19-06-2023 2/2
Golu Kumar @ Kumar Parikshit and Shashi Kant Verma. Nothing incriminating/looted article has recovered from the conscious possession of the petitioner. The police party forcibly took his signature on a blank paper and the same has been converted into his self confessional statement, which has got no evidentiary value in the eyes of law. He is languishing in judicial custody since 28.09.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Munger in connection with Naya Ramnagar (Safiasarai) P.S. Case No. 134 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case instituted for snatching.
Whether the petitioner's incriminating possession of looted articles and the validity of his confession justify denial of bail.
1 provisions across 1 enactments
Neeraj Keshri
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
