In an oral order, the Patna High Court allowed an application for regular bail of a petitioner facing charges of robbery. The court directed the issuance of a bail bond and the appointment of sureties.
The petitioner is enlarged on bail on furnishing a bond of Rs.20,000 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.52870 of 2023
Arising Out of PS. Case No.-17 Year-2022 Thana- PARAIYA District- Gaya
======================================================
Chhotan Paswan @ Chhotan Kumar S/O Late Rajendra Pasawan R/O VillageKamaldah, Ps. Paraiya, Dist. Gaya
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 24-08-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2 . Heard learned counsel for the petitioner and learned A.P.P for the State.
3 . The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 23 of 2023 arising out of Paraiya P.S. Case No. 17 of 2022 dated 14.01.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.
4 . As per the prosecution case, four unknown miscreants boarded on two motorcycles intercepted the motorcycle of the informant and robbed Rs. 22,600/- and other articles on the point of pistol and fled away.
5 . Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.52870 of 2023(2) dt.24-08-2023 2/2
the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. No T.I.P. was conducted by the prosecution. The name of the petitioner has surfaced during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has six other criminal cases of similar nature and out of which five criminal cases was lodged in the same year of 2022 after lodging the present case as stated in para 3 of the bail petition. The petitioner is in custody since 02.02.2022.
6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner has also six other criminal cases of similar nature.
7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with S. Tr. No. 23 of 2023 arising out of Paraiya P.S. Case No. 17 of 2022.
8 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/- U T
1 issue framed by the court
Whether the petitioner is eligible to be granted regular bail in a case of robbery under Section 392 IPC.
Chhotan Paswan @ Chhotan Kumar
State Of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
