Allowed¶27

Rausan Singh v. The State of Bihar

Patna HC1 Aug 2024CR. MISC./4598/2024

Case brief

AI extract

What is this about?

regular bail; Section 395 IPC; robbery; Sitamarhi P.S. Case No. 87 of 2022; S.T. No. 7/2023; Cr. Misc. No. 64812 of 2023; co-accused bail; not named in FIR; no T.I.P.; no recovery; criminal antecedents; custody since 31.05.2022; bail bond Rs.20,000; two sureties; attendance condition; Patna High Court; Chandra Prakash Singh; Criminal Miscellaneous No. 4598 of 2024

What did the court decide?

All six petitioners directed to be enlarged on regular bail in connection with S.T. No. 7/2023 arising out of Sitamarhi P.S. Case No. 87 of 2022, on furnishing bail-bond of Rs.20,000/- each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sitamarhi, subject to the condition of physical presence before the Court below on every date. ¶27

Rausan Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to be enlarged on regular bail in connection with S.T. No. 7/2023 arising out of Sitamarhi P.S. Case No. 87 of 2022, registered for offences punishable u/s 395 of the Indian Penal Code.

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Court's answer

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the Court directed the petitioners above-named to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sitamarhi, in connection with S.T. No. 7/2023 arising out of Sitamarhi P.S. Case No. 87 of 2022.

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Ratio / Principle

Release on bail is conditioned on the petitioners remaining physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders their bail bonds liable to be cancelled.

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Key takeaways

The bail application stands allowed.ratio¶27

Detailed headnote1 paragraphs

Regular bail granted - Patna High Court (Chandra Prakash Singh, J.), by oral order dated 01-08-2024 in Criminal Miscellaneous No. 4598 of 2024, allowed the petitioners' application for regular bail in S.T. No. 7/2023 arising out of Sitamarhi P.S. Case No. 87 of 2022 dated 04.02.2022, registered for offences punishable u/s 395 of the Indian Penal Code. Prosecution alleged that four miscreants committed robbery of cash, clothes and ornaments from the shop of one Rakesh Kumar. Counsel urged that the petitioners are innocent, not named in the F.I.R., surfaced during investigation, that no T.I.P. was conducted, nothing was recovered from their conscious possession, a co-accused had been granted regular bail by a Coordinate Bench vide order dated 12.10.2023 in Cr. Misc. No. 64812 of 2023, petitioner nos. 5 and 6 have 20 criminal antecedents and petitioner nos. 1-4 have six criminal antecedents (per supplementary affidavit), and the petitioners are in custody since 31.05.2022. Considering these facts, circumstances and the period of custody, the Court enlarged all six petitioners on bail on a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, conditioned on physical presence before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bonds are liable to be cancelled.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4598 of 2024

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Arising Out of PS. Case No.-87 Year-2022 Thana- SITAMARHI District- Sitamarhi

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======================================================

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Rausan Singh S/O Ram Niwas Singh Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

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Bhaggi @ Bhagirath Jatt Na Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

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Kailash Bhati S/O Om Prakash Bhati Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

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Rajesh@ Rajesh Singh S/O Dhanpat Jatt Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

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Jagdish Jatt S/O Ganga Singh Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

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Ghanshyam Jatt S/O Devkan Jatt Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vikalp, Adv. For the Opposite Party/s : Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

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5 01-08-2024 Heard learned counsel for the petitioners and learned

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APP for the State.

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2. The petitioners have preferred this application for grant of regular bail in connection with S.T. No. 7/2023 arising out of Sitamarhi P.S. Case No. 87 of 2022 dated 04.02.2022 registered for the offences punishable u/s 395 of the Indian Penal Code.

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3. As per the prosecution case, four miscreants are

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Patna High Court CR. MISC. No.4598 of 2024(5) dt.01-08-2024 2/3

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alleged to have committed robbery of cash, clothes and ornaments from the shop of one Rakesh Kumar.

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4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners has surfaced in the present case during the course of investigation. No T.I.P. has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioners. The co-accused person has already been granted regular bail by the Coordinate Bench of this court vide order dated 12.10.2023 passed in Cr. Misc. No. 64812 of 2023. The petitioner nos. 5 and 6 have 20 criminal antecedents and the petitioner nos. 1, 2, 3 and 4 have six criminal antecedents as stated in supplementary affidavit filed on behalf of the petitioners. The petitioners are in custody since 31.05.2022.

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5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with

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Patna High Court CR. MISC. No.4598 of 2024(5) dt.01-08-2024 3/3

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two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with S.T. No. 7/2023 arising out of Sitamarhi P.S. Case No. 87 of 2022 with the condition :-

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(i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners are liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

Rausan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rausan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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