This court granted anticipatory bail to the petitioner in a robbery case pending investigation. Bail is conditional on arrest or surrender within six weeks and furnishing of bond with sureties.
Petitioner granted anticipatory bail subject to surrender/arrest within six weeks on furnishing bonds of Rs 10,000 with two sureties.
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 36627 of 2023
Arising Out of PS. Case No.-362 Year-2021 Thana- MADANPUR District- Aurangabad
======================================================
DHANJI @ DHANJI KUMAR Son of Prakash Mahto @ Om Prakash Singh Resident of village - Amri, P.S. - Sasaram, Distt. - Rohtas (Bihar)
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr Vyas Kumar Mishra, Advocate For the Opposite Party/s : Mr Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 05-09-2023
Heard learned counsel for the petitioner and the
learned APP.
2 The petitioner apprehends arrest in Madanpur PS Case No 362 of 2021 registered for the offence punishable under Sections 395, 397 of Indian Penal Code.
3 As per the prosecution case, co-accused Sonu Kumar and his associates had assaulted the driver and khalasi and also looted the truck bearing registration No NL01AD - 1956 in which sariya (steel) was loaded.
4 Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of petitioner transpired in the confessional statement of co-accused. No looted article has been recovered from his possession and he has
Patna High Court CR. MISC. No.36627 of 2023(4) dt.05-09-2023 2/2
got clean antecedent.
5 Learned APP has vehemently opposed the prayer for anticipatory bail.
6 Considering the rival submissions, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge III, Aurangabad in Madanpur PS Case No 362 of 2021 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
M.E.H. /-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in an offence of robbery and extortion pending investigation.
2 provisions across 2 enactments
Dhanji @ Dhanji Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
