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2023 Supreme(Online)(Pat) 3264
PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
MITHUN KUMAR – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./24867/2022
An accused is entitled to bail if he is not named in the FIR, his name subsequently transpired in his extra-confessional statement in another case, he was not apprehended from the spot, and nothing incriminating was recovered from his possession.
Headnote:
BAIL - ROBBERY - SECTION 392 IPC - ACCUSED NOT NAMED IN FIR - NAME TRANSPIRED IN HIS EXTRA CONFESSIONAL STATEMENT IN ANOTHER CASE - NO INCRIMINATING ARTICLES RECOVERED - BAIL GRANTED
Fact of the Case:
The petitioner was arrested in a case of robbery of a motorcycle and mobile phone. The petitioner was not named in the FIR and his name subsequently transpired in his extra-confessional statement in another case. The petitioner was not apprehended from the spot and nothing incriminating was recovered from his possession.
Finding of the Court:
The court found that the petitioner was not named in the FIR and his name subsequently transpired in his extra-confessional statement in another case. The petitioner was not apprehended from the spot and nothing incriminating was recovered from his possession. The court also considered the period of custody of the petitioner.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail as he was not named in the FIR, his name subsequently transpired in his extra-confessional statement in another case, he was not apprehended from the spot, and nothing incriminating was recovered from his possession.
Final Decision: The court granted bail to the petitioner on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24867 of 2022
Arising Out of PS. Case No.-36 Year-2020 Thana- NAURANGIA District- West Champaran
======================================================
Mithun Kumar Son Of Shiv Mahto R/O Village- Lalunagar, P.S.- Bettiah
Muffasil, District- West Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Anant Kumar Mishra
For the Opposite Party/s :
Mr.A.G
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under Section
392 of the Indian Penal Code.
It is a case of robbery of motorcycle and mobile
of the informant by four unknown criminals.
It is submitted by learned counsel for the
petitioner that petitioner is innocent and he has falsely
been implicated in this case. The petitioner is not named
in the F.I.R and his name subsequently transpired in his
extra confessional statement in another case bearing
Patna High Court CR. MISC. No.24867 of 2022(3) dt.11-01-2023
2/2
Majhauliya P.S. Case No. 235 of 2020. The petitioner
was not apprehended from the spot. Nothing
incriminating has been recovered from the conscious
possession of the petitioner. The petitioner is in custody
since 23.12.2021.
Considering the facts stated above and the
period under custody, let the petitioner, above named,
be released on bail on furnishing bail bonds of Rs.
10,000/-(Ten Thousands) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Bagaha, West Champaran in connection with
Naurangiya P.S. Case No. 36 of 2020.
Shageer/-
(Sunil Kumar Panwar, J)
U
T
