High Court granted bail to the petitioner in a robbery case where he was not named in the FIR and implicated solely based on a co-accused's confession, noting that no incriminating material was found and investigation was complete.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of similar amount.
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.42147 of 2022
Arising Out of PS. Case No.-331 Year-2021 Thana- KUMAR KHAND District- Madhepura
======================================================
Baua Yadav @ Shashi Kumar S/O Sita Ram Yadav resident of villagerampatti, ward no.- 7, P.S.- Kumarkhand, District- Madhepura.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Uday Chand Prasad, Advocate For the Opposite Party/s : Mr.Md. Nazir Ansari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
4 14-02-2023
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Kumarkhand P.S. Case No. 331 of 2021 registered for the offence under Sections 392/34 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 15.02.2022.
The allegation against the petitioner is to commit robbery along with other co-accused persons, and, while committing so, taken away cash of Rs. 3,60,270/- and mobile phone belongs to informant.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.42147 of 2022(4) dt.14-02-2023 2/3
submitted that petitioner implicated in this case falsely for the reason that his name surfaced on the basis of confessional statement of co-accused, namely, Gautam Kumar, in furtherance thereof, no incriminating material recovered/surfaced, during the course of investigation, which may connect this petitioner, prima facie , with the present set of occurrence/robbery. It is further submitted that no TIP of petitioner was conducted, as yet. It is also submitted that petitioner found involved in three (3) more criminal cases of similar nature, where his name surfaced on the basis of confessional statement as of the present case. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail submitted that petitioner was not named in the FIR.
In view of the facts and circumstances as mentioned above, as no incriminating material recovered/surfaced from petitioner, where his name surfaced on the basis of confessional statement coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kumarkhand P.S. Case No.
Patna High Court CR. MISC. No.42147 of 2022(4) dt.14-02-2023 3/3
331 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Madhepura/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
R.S.Sen/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in the robbery case after investigation is complete and no incriminating material was recovered against him.
Whether the petitioner's implicateation solely on the basis of a co-accused's confessional statement without independent material warrants rejection of bail.
1 provisions across 1 enactments
Baua Yadav @ Shashi Kumar
The State Of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
