Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20331 of 2012 ====================================================== Chotu Kumar S/O Sri Nawal Kishore Prasad Resident Of Chutkula Nand Gali, Chandmari Road, P.S.- Kankarbagh, District- Patna. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 31-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Phulwari Sharif P.S. Case No. 99 of 2012 dated 18.03.2012 registered for offence under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the F.I.R. is against unknown persons. It is further submitted that there is no legal or admissible evidence to connect the petitioner to the alleged crime. The allegation is that the informant’s gold-chain was snatched and the person fled away on motorcycle which was being driven by another person. Learned counsel submits that though the informant has seen both the culprits but no Test Identification Parade has been conducted with regard to the Patna High Court Cr.Misc. No.20331 of 2012 (2) dt.30-05-2012 2 petitioner. It is further submitted that during the course of investigation it has come that the spy had informed that the petitioner along with his associate was seen near the place of occurrence. Learned counsel submits that nothing has been recovered from him and there is also no other material to connect the petitioner to the said crime. Petitioner is said to be in custody since 09.04.2012. Learned counsel further submits that the petitioner has one other case of year 2008 but not of similar nature since it is case under [STATUTE] . Learned A.P.P. for the State opposes the prayer for bail and submits that it has come during investigation that the petitioner was involved in the crime. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Phulwari Sharif P.S. Case No. 99 of 2012. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.