Court granted bail to petitioner in theft case where no incriminating evidence was recovered from his possession, despite criminal antecedents.
Release of petitioner on bail with bonds of Rs.10,000 each from two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9981 of 2013
====================================================== Vikas Kumar @ Om Prakash, son of Sri Ramesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2. 06.03.2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Unknown thieves have committed theft in the shop of informant Praful Kumar after breaking the lock and took away two laptops along with cash appertaining to rupees three thousand.
Contention on behalf of petitioner is that he has been arrested on the basis of extra judicial confessional statement of co-accused without supported with any substantial evidence. Nothing has been recovered from his possession. Charge sheet had already been submitted. His prayer for bail has been refused by the learned lower court only on the ground of carrying criminal antecedent. Also submitted that petitioner happens to be under custody since 10-12-2012. Also submitted that the other co-accused from whose possession there happens to be recovery have already been granted bail vide Cr. Misc. No.23497 of 2012, Cr. Misc. No.33049 of 2012 and on the basis thereof another co-
Patna High Court Cr.Misc. No.9981 of 2013 (2) dt.06-03-2013
2
accused had also been enlarged on bail vide Cr. Misc. No.25215 of 2012. The case of petitioner stood on better footing.
The learned Additional Public Prosecutor fairly concedes that nothing incriminating has been recovered from the possession of the petitioner.
In the aforesaid facts and circumstances of the case, petitioner Vikas Kumar @ Om Prakash is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur (Town) P.S. Case No.252 of 2012.
(Aditya Kumar Trivedi, J.)
PN/-
Vikas Kumar @ Om Prakash
The State Of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
