The High Court at Patna allowed interim anticipatory bail to the petitioner in a theft case. The court准许ed the petitioner to be released on bail upon arrest if he surrenders within four days of the date of this order.
Allowed anticipatory bail; petitioner to be released on bail in the event of arrest/rendition within four weeks from today.
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.31060 of 2017
Arising Out of PS.Case No. -63 Year- 2016 Thana -GADHPURA District- BEGUSARAI
======================================================
Md. Shamsher Son of Md. Modasir, Resident of Village- Rahul Nagar, Korai, P.S.- Garhpura, District- Begusarai.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ram Naresh Singh For the Opposite Party/s : Mr. Surendra Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
2 12-07-2017 Heard both sides.
The petitioner apprehends arrest in connection with Garhpura P.S. Case no. 63 of 2016 registered for the offence punishable under Sections 457, 380 and 511 of the Indian Penal Code.
The F.I.R. of this case has been registered against unknown. The informant has stated that this was an attempt of committing theft in the Bank after breaking the lock of the gate. From Annexures-2 and 3 of this application, it appears that similarly situated co-accused namely, Shyam Sharma and Md. Maqbul have been allowed anticipatory bail by one of the coordinate Bench of this Court vide order dated 07.04.2017 and
Patna High Court Cr.Misc. No.31060 of 2017 (2) dt.12-07-2017
2/2
20.04.2017 passed in Cr. Misc. no. 15128 of 2017 and 15455 of 2017 respectively, as their names appeared in confessional statement of one of the co-accuseds who was apprehended on suspicion as submitted by the learned counsel for the petitioner. The petitioner has clean antecedent.
Considering the facts and circumstances of the case, the prayer of anticipatory bail is allowed. The petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Begusarai in connection with Garhpura P.S. Case no. 63 of 2016, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure.
(Sanjay Kumar, J)
rohit/-
U T
3 issues framed by the court
Whether anticipatory bail can be granted in a case registered for theft and attempt to commit theft.
Whether conditions precedent for granting bail on arrest have been satisfied.
Whether the prayer for interim bail under Section 438 CrPC should be allowed.
4 provisions across 2 enactments
Md. Shamsher
The State of Bihar
The Branch Manager, Bihar Gramin Bank
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
