The High Court granted bail to the petitioner, who was in custody for alleged offences of robbery, after the submission of the charge-sheet and noting his clean antecedents and the bail status of co-accused.
Petitioner released on bail on furnishing bonds of Rs. 20,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71054 of 2023
Arising Out of PS. Case No.-70 Year-2023 Thana- SAHARGHAT District- Madhubani
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Rohit Kumar @ Kaliya, Son Of Late Ram Sudndar Safi, Resident Of VillageUttara, P.S.- Saharghat, District- Madhubani
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s : Md. Fahimuddin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 07-11-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.71054 of 2023(2) dt.07-11-2023 2/3
possession of the petitioner. Petitioner was not put to any Test Identification Parade. Learned counsel further submits that two motorcycles were recovered from an orchard and four persons were present in the said orchard when the raid was being conducted. Two of them fled away and petitioner and coaccused Sanjay Paswan were apprehended by the police after chase. So it cannot be said that motorcycle was recovered from the possession of the petitioner. One of the motorcycles is said to be looted motorcycle. Other co-accused persons, namely, Sanjay Paswan and Sachin Kumar Paswan have been granted bail by different Co-ordinate Benches of this Court vide order dated 17.10.2023 passed in Cr. Misc. No. 67202 of 2023 and order dated 03.11.2023 passed in Cr. Misc No. 68974 of 2023, respectively. The petitioner is in custody since 16.05.2023 and charge sheet has been submitted. Petitioner is having clean antecedent.
Patna High Court CR. MISC. No.71054 of 2023(2) dt.07-11-2023 3/3
grant of bail to similarly placed co-accused persons and also considering the period of custody of the petitioner coupled with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M-Ist, Benipatti/concerned court in connection with Saharghat P.S. Case No. 70 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
balmukund/-
U T
2 issues framed by the court
Whether the petitioner, a person in custody for alleged robbery with clean antecedents, is entitled to bail upon submission of charge-sheet.
Whether the confinement of similarly placed co-accused persons to bail affects the petitioner's bail eligibility.
2 provisions across 2 enactments
ROHIT KUMAR @ KAliya
THE STATE OF BIHAR
ARUN KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
