The Patna High Court granted bail to the petitioner in a robbery and arms Act case, noting procedural lapses including failure to conduct a T.I. parade and grant of bail to a co-accused.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the learned Judicial Magistrate.
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.22603 of 2023
Arising Out of PS. Case No.-110 Year-2022 Thana- GHOGHARDIHA District- Madhubani
======================================================
PITAMBAR KUMAR YADAV @ PITAMBAR YADAV Son of Chandeshwar Yadav Resident Village- Siswabarhi PS- Phulparas, District- Madhubani
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Binod Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 18-05-2023
grant of regular bail in connection with Ghoghardiha P.S. Case no. 110 of 2022 registered under section 394 of the Indian Penal
Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
Patna High Court CR. MISC. No.22603 of 2023(2) dt.18-05-2023 2/3
that the name of the petitioner transpired in course of investigation in the confessional statement of a co-accused Krishnadeo Yadav made before police. No incriminating article has been recovered from the petitioner’s possession. Inspite of the petitioner being in custody since 11.10.2022, he has not been put on T.I. parade. Learned counsel further submits that another co-accused Vivek Kumar Yadav whose name was also taken by Krishnadeo Yadav has been enlarged on bail vide order dated 1.5.2023 passed in Cr. Misc. no. 15455 of 2023.
Patna High Court CR. MISC. No.22603 of 2023(2) dt.18-05-2023 3/3
(Partha Sarthy, J)
Spd/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case concerning robbery under Section 394 IPC and offences under the Arms Act.
2 provisions across 2 enactments
Pitambar Kumar Yadav @ Pitambar Yadav
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
