The High Court at Patna, in oral orders, granted regular bail to three petitioners accused of robbery under Section 392 IPC after listening to their counsel.
The petitioners were directed to be released 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. 2078 of 2023
Arising Out of PS. Case No.-380 Year-2021 Thana- PARSA District- Saran
======================================================
Aryan Pathak Son Of Rameshwar Pathak R/O Vill.- Bheldi, P.S.- Bheldi, Distt.- Saran At Chapra
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 52261 of 2022
Arising Out of PS. Case No.-555 Year-2021 Thana- WAJIRGANJ District- Gaya
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Sahweer Paswan S/O Ghamandi Paswan R/O Village- Patringa, P.S.- Sigori, District- Patna
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 52561 of 2022
Arising Out of PS. Case No.-380 Year-2021 Thana- PARSA District- Saran
======================================================
Saurabh Kumar @ Saurabh Kumar Singh @ Saurabh Singh S/O Akhilesh Kumar Singh @ Nalini Kumar Singh R/O Village- Chhathi (pachlakh), P.O. And P.S.- Bheldi, District- Saran
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 2078 of 2023) For the Petitioner/s : Mr.Narendra Kumar For the Opposite Party/s : Mr.Sharda Kumari (In CRIMINAL MISCELLANEOUS No. 52261 of 2022) For the Petitioner/s : Mr.Saurabh Kumar For the Opposite Party/s : Mr.Dilip Kumar No. 1 (In CRIMINAL MISCELLANEOUS No. 52561 of 2022) For the Petitioner/s : Mr.Nalin Kumar For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
Patna High Court CR. MISC. No. 2078 of 2023(9) dt.04-07-2023 2/3
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
9 04-07-2023
Heard learned counsel for the petitioners and
learned APP for the State.
The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.
As per FIR, the allegation against three unknown miscreants is that they boarded on a motorcycle came and snatched golden chain and money bag from the informant and fled away.
Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to high handedness of he police. The petitioners are not named in the FIR nor they were put on TIP and nothing looted article has been recovered from their conscious possession. It is further submitted that the petitioners are languishing in judicial custody more than one year.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No. 2078 of 2023(9) dt.04-07-2023 3/3
considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Parsa P.S. Case No. 380 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Saran at Chapra.
(Sunil Kumar Panwar, J)
manishkumar/-
U T
1 issue framed by the court
Whether the petitioners are entitled to regular bail in a case involving robbery under Section 392 IPC where they were not named in the FIR and the larcited article was not recovered from their posses
1 provisions across 1 enactments
Aryan Pathak
Sahweer Paswan
Saurabh Kumar
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
