Bail sought in a robbery (Section 394 IPC) case where the petitioner was named only in a co-accused's confessional statement, with no TIP conducted and no recovery from him. The court granted regular bail on furnishing a bond with two sureties, subject to Section 437(3) Cr.P.C. conditions and additional attendance conditions.
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.35546 of 2023
Arising Out of PS. Case No.-104 Year-2022 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Sonu Tiwari S/O Tirth Raj Tiwari R/O Village-Dandwas, P.S.-Mohania, Dist.Kaimur at Bhabhua
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr.Umeshanand Pandit, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 24-06-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.35546 of 2023(2) dt.24-06-2023 2/3
ornaments and Rs. 45,000/- in cash. The name of the petitioner surfaced during investigation as one of the accused persons involved in this case.
Patna High Court CR. MISC. No.35546 of 2023(2) dt.24-06-2023 3/3
fact that no recovery has been shown from this petitioner who was not put to any Test Identification Parade and further considering his period of custody and the submission of chargesheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Kaimur at Bhabua/court concerned in connection with Kudra P.S. Case No. 104 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
himanshu/-
U T
1 issue framed by the court
Whether the petitioner, implicated via a co-accused's confession with no recovery or TIP and in custody since 09.02.2023, should be released on bail.
2 provisions across 2 enactments
Sonu Tiwari
The State Of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
