This judgment grants bail to the applicant accused of theft under Sections 379/461 IPC. The court approved the grant based on the co-accused being at large and lack of recovered articles against the applicant.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2371 of 2022
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The State of Jharkhand … Opposite Party
---CORAM : HON’BLE MR. JUSTICE ANANDA SEN
---- For the Petitioner: Mr. Jitendra Nath Upadhyay, Advocate For the State:
2/ 08.03.2022 Petitioner is praying for grant of bail as he is in custody for allegedly committing offence punishable under Sections 461/379 of the Indian Penal Code in connection with Burmamines Police Station Case No.143 of 2021, pending in the Court of the Judicial Magistrate 1st Class, Jamshedpur.
Heard learned counsel for the petitioner and the learned A.P.P. for
the State and have also gone through the impugned order.
Defects pointed out by the Office are ignored for the present.
It is alleged that theft was committed in ICT Lab, Biology and Chemistry Lab by unknown thieves. Thieves took away two computers, CPU, hard disk and other articles. In course of investigation stolen computer was recovered from the workshop of Md. Shahbaz @ Md. Shabaz. He disclosed that it was Md. Farooque, who sold the same to him.
Counsel for the petitioner submits that the petitioner is in custody since 21.11.2021. He submits that Md. Shahbaz @ Md. Shabaz has already been granted bail by a Coordinate Bench of this Court in B.A. No.16421 of 2021.
Considering the fact that Md. Shahbaz @ Md. Shabaz has already been granted bail by a Coordinate Bench of this Court and nothing has been recovered from the possession of this petitioner, I am inclined to grant bail to the petitioner. Petitioner, namely, Md. Farooque @ Md. Farukh, is, accordingly, directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Jamshedpur in connection with Burmamines Police Station Case No.143 of 2021.
(Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether bail should be granted to a petitioner accused of theft who is in custody and whose co-accused has been released on bail.
1 provisions across 1 enactments
Md. Farooque @ Md. Farukh
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
