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Patna High Court

Lablu singh @ Lablu Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the lack of material evidence and the FIR naming unknown miscreants outweighed the petitioner’s criminal antecedents, warranting the grant of bail with conditions.

Summary

Lablu Singh applied for bail in a robbery case (Section 392 IPC) where the FIR named unknown miscreants. He claimed innocence, citing a lack of material evidence, no recovery of the stolen vehicle, and no TIP, while noting his own criminal antecedent of 15 cases and a confessional statement in a separate case. The State opposed bail. The court, after hearing both sides, decided to grant bail, directing the petitioner to furnish a Rs.10,000 bond with two sureties and imposing conditions of cooperation, physical presence at trial, and weekly attendance at the police station. The petitioner was ordered to be enlarged on bail.

Issues considered

  • Whether the petitioner is entitled to bail despite the nature of the offence and his criminal antecedents
  • Whether the absence of material evidence and the FIR naming unknown miscreants justify granting bail
  • Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation with the trial

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • criminal antecedent
  • judicial custody
  • confessional statement
  • TIP
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12582 of 2026
                      Arising Out of PS. Case No.-325 Year-2022 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Lablu singh @ Lablu Kumar Singh, Son of Late Shivdeo Singh, Resident of
                 Village- Raghopur East, P.S.- Jurawanpur, Dist- Vaishali
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gautam, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Jandaha P.S. Case No. 325 of 2022 registered for the offence

                   punishable under Section 392 of the Indian Penal Code.

                                3. The case of the prosecution, in short, is that three

                   unknown miscreants have snatched the Bolero vehicle of the

                   informant.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. The F.I.R. was

                   lodged against unknown miscreants. As the petitioner is having

                   criminal antecedent of 15 cases, he was remanded from Desri P.S.

                   Case No. 379 of 2022 wherein he has given his confessional

                   statement. It has further been submitted that save and except the
             Patna High Court CR. MISC. No.12582 of 2026(2) dt.09-03-2026
                                                         2/2




                       confessional statement, there is nothing against the petitioner. No

                       recovery has been made from his possession. No T.I.P. has been

                       conducted. Moreover, he is languishing in judicial custody since

                       07.05.2024.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the learned Judicial

                       Magistrate 1st Class, Vaishali at Hajipur in connection with

                       Jandaha P.S. Case No. 325 of 2025 with the following

                       conditions:-

                                    (i) The petitioner shall cooperate in trial and shall

                       remain physically present on each and every date in learned

                       trial Court.

                                    (ii) He shall mark his attendance weekly at

                       Didarganj P.S.


                                                               (Ashok Kumar Pandey, J)

lata/-
U        T


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