Hon'ble Justice Sunil Kumar Panwar granted regular bail to the petitioner in the case of robbery under IPC 392, ordering his release upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Direction to release the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties of the like amount each.
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.5190 of 2023
Arising Out of PS. Case No.-6 Year-2022 Thana- KOILWAR District- Bhojpur
======================================================
Vikki Kumar Son Of Sanjeet Rai R/O Village- Kolhrampur, P.S.- Barhara, District- Bhojpur
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vaishnavi Singh For the Opposite Party/s : Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 07-04-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
As per prosecution case, informant alleged that on 03.01.2022, while he was returning his village from Patna, three unknown miscreants intercepted him and on the gun point snatched his motorcycle bearing Reg. No. BR0355826, after that this case has been lodged.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.5190 of 2023(2) dt.07-04-2023 2/3
petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither Petitioner has been put on TIP nor any incriminating article has been recovered from his conscious possession. It is further submitted that during entire investigation not a single witness has supported the prosecution version. Similarly situated co-accused, namely, Ranjan Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 21.12.2022 passed in Cr. Misc. No. 47999 of 2022. The petitioner is remanded in this case from another case and since then he is languishing in judicial custody since 19.02.2022
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Koilwar P.S. Case No. 06 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.5190 of 2023(2) dt.07-04-2023 3/3
satisfaction of learned Chief Judicial Magistrate, Bhojpur at
Ara.
(Sunil Kumar Panwar, J)
Manish/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail in the crime of robbery.
Whether the quantum of bail fund and sureties are appropriate for his release.
1 provisions across 1 enactments
Vikki Kumar
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
