A single bench bail application filed by Khiro Ravidash, an accused in a theft case. The court addressed objections regarding the petitioner's criminal antecedents and release of a recovered motorcycle, ultimately granting bail subject to conditions.
Petitioner released on bail on furnishing a bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4731 of 2022
Khiro Ravidash …… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Pankaj Kr. Mishra, Advocate For the State : Mr. Jitendra Pandey, A.P.P.
Order No.05/ Dated:05.08.2022
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with Nimiaghat P.S. Case No. 98 of 2021, registered for the offence under Section 379 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1st Class, Giridih.
F.I.R. was lodged against unknown miscreants for theft of motorcycle No. JH10BZ 5795 on 23.09.2021 in between 5 to 7 P.M.
Learned counsel for the petitioner has submitted that petitioner’s name has come on the basis of confession in connection with Lokaynayanpur P.S. Case No. 03 of 2022, later on the motorcycle was recovered behind the house of the petitioner which was seized by the police and petitioner was involved in this case also. Petitioner has no other criminal antecedent. The petitioner is languishing in Judicial custody since 02.03.2022 without rhymes and reasons. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.
Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there is recovery of stolen motorcycle from the possession of the petitioner and he has criminal antecedent also, hence he does not deserve bail.
It appears that charges have been framed on 04.07.2022 and out of 5 witnesses no witness has been examined by the prosecution. So far as criminal antecedent is concerned he was arrested in Lokaynayanpur P.S. Case No. 03 of 2022 for possessing motorcycle which is connected with Nimiaghat P.S. Case No. 98 of 2021 as such there remain no criminal antecedent against the petitioner except this case.
Considering the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner and also in view of progress of the trial, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Giridih in connection with Nimiaghat P.S. Case No. 98 of 2021 subject to the conditions:-
In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself.
(Pradeep Kumar Srivastava, J.)
R.K.
2 issues framed by the court
Whether the petitioner should be released on bail in a theft case pending at trial stage.
Whether the petitioner's criminal antecedents disentitle him from bail.
Khiro Ravidash
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
