Bail application under Sections 395 and 412 IPC for a highway robbery case. Petitioner not named in FIR, implicated via co-accused confession already granted bail. Court granted bail on custody period and parity grounds.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12115 of 2024
Arising Out of PS. Case No.-36 Year-2023 Thana- BAGENGOLA District- Buxar
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Raja Yadav S/O Shivji Yadav R/O Village- Chiki @ Chaki Mathura Dera, P.SBrahmpur, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 27-02-2024
Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bagengola P.S. Case No. 36 of 2023 instituted for the offence under Sections 395 & 412 of the Indian Penal Code.
3. As per prosecution case, when the informant was going to village Pipradh, he was accosted with three unknown miscreants and thereafter they snatched mobile phone, cash to the tune of Rs. 3,000/-, Aadhaar Card, PAN, Voter ID Card and motorcycle, whereafter they fled away.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06-04-2023. Petitioner bears eight criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.12115 of 2024(2) dt.27-02-2024 2/2
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case due to confessional statement of coaccused, namely, Raj Kumar Yadav, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 07-112023 passed in Cr. Misc. No. 71839 of 2023. No T.I parade has been conducted in this case.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing of charge, if not already framed , 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 Bagengola P.S. Case No. 36 of 2023.
(Rudra Prakash Mishra, J)
1 issue framed by the court
Should the petitioner be granted bail in a robbery case despite criminal antecedents, given parity with a bailed co-accused and absence from the FIR?
2 provisions across 1 enactments
Raja Yadav
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
