High Court of Judicature at Patna granted bail in a case involving assault and snatching charges. The court granted relief despite state opposition.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of 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.74897 of 2023
Arising Out of PS. Case No.-184 Year-2023 Thana- RUPAULI District- Purnia
======================================================
Md. Juber @ Md. Juber Alam Son Of Imran R/O Village- Tulsipur Jamuniya, P.S.- Parbatta, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 24-11-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Rupauli P.S. Case No. 184 of 2023 instituted for the offences punishable under Sections 392, 413 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
It is a case of assault upon the informant as well as snatched Rs.600/- from his pocket by the accused persons.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no test identification parade has been done and nothing has been recovered from the possession of the petitioner and he is in judicial custody since 12.07.2023.
Patna High Court CR. MISC. No.74897 of 2023(2) dt.24-11-2023 2/2
Learned APP for the State opposes the prayer for bail
of the petitioner.
Considering the facts and circumstances of the case and submission of learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnia in connection with Rupauli P.S. Case No. 184 of 2023.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
2 issues framed by the court
Whether the petitioner, accused in an assault and snatching case, should be released on bail.
Whether false implication and lack of recovery justify grant of bail.
2 provisions across 2 enactments
Md. Juber @ Md. Juber Alam
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
