The High Court at Patna granted bail to the petitioners in a case involving offenses under Section 392 IPC involving assault and snatching, considering their clean antecedents and short custody period.
Release of petitioners on bail on furnishing bonds of Rs. 10,000 with two sureties of similar amount.
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.75309 of 2023
Arising Out of PS. Case No.-404 Year-2023 Thana- KAUWAKOL District- Nawada
======================================================
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr. Birendra Kumar, Advocate For the State : Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 01-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Kawakole P.S. Case No. 404 of 2023 instituted for the offences under Sections 392 of the Indian Penal Code.
3. Prosecution allegation in short is that on 04-072023, while informant was going to his house, some unknown persons assaulted, abused, snatched his motorcycle and cash, thereafter they fled away.
4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 26-07-2023, and have no criminal antecedents. The petitioners have falsely been
Patna High Court CR. MISC. No.75309 of 2023(2) dt.01-12-2023 2/2
implicated in the present case.
5. Further, it has been submitted by learned counsel for the petitioners that due to confessional statement of coaccused, name of the petitioners have been dragged in this case. Petitioners are not named in the F.I.R.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances of the case, period of custody and clean antecedents of the petitioners, this Court is inclined to grant bail to the petitioners.
8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kawakole P.S. Case No. 404 of 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
1 issue framed by the court
Whether bail should be granted to the petitioners in connection with the charges of robbery under Section 392 IPC given their clean antecedents and short period of custody.
1 provisions across 1 enactments
Manjit Kumar
Akash Kumar
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
