Single judge order allowing bail to an accused in a robbery case who was not named in the FIR. Bail granted as recovery was not tested via TIP and investigation completed.
Petitioner released on bail by furnishing bond 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.51329 of 2022
Arising Out of PS. Case No.-115 Year-2022 Thana- DAUDNAGAR District- Aurangabad
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Rajendra Prasad S/o Shivnarayan Sao R/o village- Repura, P.S.- Daudnagar, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 16-02-2023
Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 Daudnagar P.S. Case No. 115 of 2022 registered for the offence under Section 394 of the Indian Penal Code (for short 'I.P.C.').
The accused/petitioner is not named in the F.I.R. and is in custody since 14.03.2022.
The allegation against the petitioner is to causing hurt while committing robbery and while committing so taken away total cash of Rs. 41,000/- (Rupees Forty-one Thousand) from different persons alongwith their mobiles, Aadhar Card, Pan Card, etc.
Patna High Court CR. MISC. No.51329 of 2022(3) dt.16-02-2023 2/3
Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of self-confession, which is of no value in the eye of law. It is also submitted that the alleged recovered mobile of Realmi company was never put on T.I.P. to connect this petitioner with allegation. It is also submitted that said recovered mobile is without any IMEI number and is difficult to connect with looted mobile scientifically. It is submitted that prior to this occurrence the antecedent of petitioner was clean but subsequent thereof he found involved in three more criminal cases, more or less similar in nature, where his name surfaced on the basis of selfconfession/confessional statement, as of the present case. While concluding the argument, it has been submitted that investigation has been completed, 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, fairly conceded that petitioner is not named in F.I.R.
Considering the facts and circumstances as mentioned above, as the recovered mobile from this petitioner was not put on TIP coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be
Patna High Court CR. MISC. No.51329 of 2022(3) dt.16-02-2023 3/3
released on bail in connection with Daudnagar P.S. Case No. 115 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
pooja/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the present prosecution case.
1 provisions across 1 enactments
Rajendra Prasad
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
