An oral order granting bail to a petitioner not named in the FIR in a robbery case. The court noted recovered cash lacked denominational details and omitted the petitioner's name from the initial report, directing his release upon furnishing a bond.
Petitioner directed to be released on bail on 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.66789 of 2022
Arising Out of PS. Case No.-104 Year-2022 Thana- KHAIRA District- Jamui
======================================================
Rakesh Singh S/o Sudhir Singh R/o Village- Tihiya, P.S.- Khaira, DisttJamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dipak Kumar, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 23-02-2023
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 Khaira P.S. Case No. 104 of 2022 registered for the offence under Section 394 of the Indian Penal Code (for short 'I.P.C.') but the cognizance of has been taken under Sections 395 and 412 of the I.P.C.
The accused/petitioner is not named in the F.I.R. and is in custody since 29.04.2022.
The allegation against the petitioner is to commit docoity alongwith other co-accused persons and while committing so taken away cash of Rs. 2,00,000/- (Rupees Two
Patna High Court CR. MISC. No.66789 of 2022(2) dt.23-02-2023 2/3
Lac) belongs to the informant, which was immediately withdrawn from the bank.
Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced, during the course of investigation, on the basis of confessional statement of coaccused Sumant Kuamr Pandey in furtherance of which it is alleged that Rs. 14,000/- (Rupees Fourteen Thousand) in cash was recovered from the possession of this petitioner. It is submitted that said recovered cash of Rs. 14,000/- was without any details and denominations and in want of the same, the alleged recovery can not be said to be connected in any manner with present occurrence. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner found involved in four cases of similar nature, where he is on bail in two cases and in maximum of cases, his name surfaced on the basis of confessional statement, as of the present case and moreover, 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 the F.I.R.
Considering the facts and circumstances as mentioned
Patna High Court CR. MISC. No.66789 of 2022(2) dt.23-02-2023 3/3
above and by taking note of the fact as alleged recovered money was without any details and denominations to connect this petitioner with present occurrence of robbery 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 Khaira P.S. Case No. 104 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 Chief Judicial Magistrate, Jamui/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
pooja/-
U T
2 issues framed by the court
Whether a petitioner not named in the FIR should be granted bail when incorporated during investigation via co-accused statements.
Whether the lack of details on recovered money invalidates the recovery linked to the petitioner.
1 provisions across 1 enactments
Rakesh Singh
The State of Bihar
CHANDRA SHEKHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
