The Patna High Court granted pre-arrest bail to the petitioner in a theft case under Section 379 IPC, requiring a bond of Rs. 25,000 and conditions including the presence of a local surety and no tampering with evidence.
Petitioner to be released on bail on furnishing bond of Rs. 25,000 with two sureties if arrested or surrenders within six weeks.
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.24705 of 2018
Arising Out of PS.Case No. -4 Year- 2018 Thana -KHUSRUPUR District- PATNA
======================================================
.... .... Petitioner/s Versus
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 04-05-2018 Heard the parties.
Petitioner seeks pre-arrest bail in Khusrupur P.S.Case No.4 of 2018 registered for the offences under Section 379 of I.P.C.
Allegation against the petitioner and other accused persons is of theft of motor of 5 H.P. from the house of the informant and the petitioner is named in the F.I.R..
Submission of the learned counsel for the petitioner is that title he has been falsely implicated in this case due to village enmity and he has no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in
Patna High Court Cr.Misc. No.24705 of 2018 (2) dt.04-05-2018
2/2
the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., 6th, Patna City, in Khusrupur P.S. Case No.4 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J)
AnilKrSinha/-
U
1 issue framed by the court
Whether the petitioner qualifies for pre-arrest bail under Section 438 Cr.P.C.,
2 provisions across 2 enactments
Dipchandra Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
