The Patna High Court allowed a bail application filed by accused Manoj Kumar in a robbery case. The court directed the petitioner to surrender, providing security and ensuring non-interference with investigation.
Enlargement on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount, subject to standard conditions of bail.
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.39032 of 2023
Arising Out of PS. Case No.-5 Year-2022 Thana- BELHAR District- Banka
======================================================
Manoj Kumar, Son of Jyotish Kumar @ Jyotish Pandit Resident of village - Simaria (Barahat), P.S.- Belhar, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 07-07-2023
Heard Ld. counsel for the petitioner and Ld. APP
for the State.
The petitioner seeks bail in connection with Belhar P.S. Case No. 05 of 2022, registered for the offences punishable under Sections 392 of the Indian Penal Code.
The prosecution case as emerges from the FIR is that when the informant, after collecting Rs. 35,000/- from village Tengra, was returning, the petitioner and his associates looted his money and some valuable articles on the point of pistol.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.39032 of 2023(2) dt.07-07-2023 2/4
case. He further submits that petitioner is not named in the F.I.R. He also submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that test identification parade has not yet been conducted.
He further submits that the petitioner has been languishing in jail since 05.01.2023.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one other case.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently
opposes the prayer of the petitioner for bail.
Considering the aforesaid facts and circumstances,
this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties
of the like amount each to the satisfaction of Ld. Chief
Patna High Court CR. MISC. No.39032 of 2023(2) dt.07-07-2023 3/4
Judicial Magistrate, Banka, in connection with Belhar P.S. Case No. 05 of 2022 on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.39032 of 2023(2) dt.07-07-2023 4/4
below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J)
skm/-
U T
3 issues framed by the court
Whether the petitioner should be granted bail in case of robbery under Section 392 IPC.
What terms and conditions should be imposed on the petitioner for enlargement on bail.
Whether the petitioner's claim of not being named in the FIR and lack of recovery supports bail.
Manoj Kumar
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
