The Hon'ble High Court of Patna allowed a bail application filed by the petitioner. The court ordered the petitioner's release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to specific conditions regarding appearance before the court.
Petitioner enlarged on bail on Rs. 10,000 bond with two sureties of like amount.
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.50207 of 2016
Arising Out of PS.Case No. -264 Year- 2015 Thana -GARDANIBAGH District- PATNA
======================================================
Rajiv Ram @ Raju Son of Late Shiv Nandan Ram Resident of Naya Tola Saristabad, P.S. Gardanibagh, District Patna
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shaishav Kumar, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 14-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 19.09.2015 in connection with Gardanibagh P.S. Case No. 264 of 2015 registered for the offence punishable under Sections 356 and 379 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that on 28.01.2015 at about 9:00 A.M., while the informant Gita Sinha was going towards Kahartoli through Road No.1 along with her grand-daughter, two persons on a white colour motorcycle came from behind and snatched the chain from the neck of the informant and fled away.
It has been submitted by the learned counsel for the
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petitioner that he is innocent and is not named in the First Information Report, but during investigation, his name surfaced. No incriminating article has been recovered from his possession and that charge-sheet has already been submitted against him, hence, there is no chance of tampering with the prosecution evidence and that in the earlier four cases pending against him, he is already on bail. However, learned A.P.P. for the State submits that the petitioner has been remanded in this case on 19.09.2015 and is one of the members of the gang, which indulges in such type of loot of chain, motorcycle and other articles. He further submits that petitioner has also confessed his guilt in his inculpatory extra judicial confessional statement, hence, opposes the prayer for bail.
Be that as it may, considering the facts and circumstances of the case and submission of the parties and that charge-sheet has already been submitted, let the petitioner, above named, 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 Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case No. 264 of 2015, subject to the condition that one of the bailors would be close relative and other bailor would be a person, who has sufficient immovable properties within the concerned police station and that
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petitioner will appear before the police/ Court below on each and every date and his failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds without being prejudiced with this order.
With these observations and directions, this
application stands allowed.
(Nilu Agrawal, J.)
Arjun/-
U T
1 issue framed by the court
Whether the petitioner could be enlarged on bail in a case involving larceny where the charge-sheet was already submitted.
1 provisions across 1 enactments
Rajiv Ram @ Raju
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
