The Patna High Court granted registered bail to the petitioner in an FIR for theft and attempting theft, emphasizing presentation before the station officer and appearance at trial dates.
Released on bail using bonds of Rs. 10,000 with two sureties, conditional on fortnightly police reporting and regular trial court appearances.
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.12920 of 2016
Arising Out of PS.Case No. -215 Year- 2015 Thana -SABAUR District- BHAGALPUR
====================================================== Praveen Kumar Mandal @ Praveen Mandal S/o Prabhas Mandal resident of village - Gheeya, P.S. Goradih ( Sabour ), District - Bhagalpur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 06-04-2016 Heard the counsel for the petitioner and Mr. Jitendra Kumar Roy, APP for the State.
The petitioner apprehends his arrest in Sabour P.S. Case No. 215 of 15 registered under Section 379/34 of the Indian Penal Code.
It is submitted that on mere suspicion, the petitioner has been named in the First Information Report. The informant woke up in the early morning and found his motorcycle missing. The villagers disclosed about moving of two persons on motorcycle during the relevant night. As the petitioner had one more case of similar nature to his credit, he was named on suspicion.
The counsel for the petitioner submits that there is nothing tangible against him. The court may while granting the
Patna High Court Cr.Misc. No.12920 of 2016 (2) dt.06-04-2016
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privilege of anticipatory bail impose conditions considering the antecedent of the petitioner.
In the facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of S.J.XI, Bhagalpur in P.S. Case No. 215/15 subject to the following conditions:
(i) The petitioner shall present himself in person in each fortnight before the Officer-in-charge and/or the Officer on duty at P.S. Goradih (Sabour) continuously for four months. In case, he defaults in doing so, the Officer-in-charge shall report the same to Court, whereafter the court below shall cancel his bail bond(s).
(ii) One of the bailors shall be his own/close family member. The petitioner shall thereafter appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.
(Kishore Kumar Mandal, J)
rohit/U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in PS Case No. 215 of 2015 under Section 379/34 IPC for apprehended arrest.
What conditions should be imposed on the petitioner for the grant of bail.
1 provisions across 1 enactments
Praveen Kumar Mandal
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
