An accused charged with robbery may be granted bail if the investigation has concluded, a charge-sheet has been submitted, and the accused has been in custody for a significant period of time.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73312 of 2022

Arising Out of PS. Case No.-235 Year-2021 Thana- BAHADURGANJ District- Kishanganj

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

MD. ASIF @ MD ASHIQUE @ MD ASHIQUE ALAM @ ASHIQUE

ALAM SON OF HALIMUDDIN R/O VILLAGE- TAPPU KALAGACHH,

MANGRA, P.S.- DIGHALBANK, DISTRICT- KISHANGANJ

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Amal Kumar Sinha, Advocate

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP

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

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

2

04-01-2023

Heard learned counsel for the parties.

The petitioner has preferred this application for grant

of regular bail in a case registered under sections 420, 419, 384,

385, 379 and 414 of the Indian Penal Code.

As per the prosecution case, it is stated that the

accused persons posing themselves to be the police personnel

robbed the informant and others of their mobile phones etc. On

being followed by the informant and others they were soon

caught. While the petitioner was caught the other accused

persons managed to escape. Incriminating articles were

recovered from the petitioner’s possession.

It is submitted by learned counsel for the petitioner

that the earlier prayer for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.73312 of 2022(2) dt.04-01-2023

2/2

order dated 25.4.2022 (Annexure-1), giving liberty to the

petitioner to renew his prayer for bail after six months. The

petitioner is in custody since 21.8.2021, investigation in the

case has concluded and it has been more than eight months

since the order of the earlier rejection.

Heard learned APP for the State.

Having heard learned counsel for the parties and

taking into consideration the nature of allegation, the liberty

granted to the petitioner in the earlier order of rejection dated

25.4.2022, the petitioner having remained in custody for more

than 1 year since 21.8.2021 and charge-sheet having been

submitted in the case, the petitioner is directed to be enlarged on

bail in connection with Bahadurganj P.S. Case no. 235 of 2021

on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

with two sureties of the like amount each to the satisfaction of

the learned Chief Judicial Magistrate, Kishanganj.

avinash/-

(Partha Sarthy, J)

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