Petitioner in judicial custody was enlarged on bail in a theft case subject to furnishing a bail bond with sureties and condition that his bail may be cancelled if he commits an offence of similar nature in future.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1849 of 2019
Arising Out of PS. Case No.-509 Year-2018 Thana- PATRAKARNAGAR District- Patna
======================================================
Arun Kumar @ Arun Rai son of Vinesh Prasad Singh @ Binesh Singh at present residing in Mohalla-Glai No. 18, Munna Chak, P.S.-Patrakar Nagar, District-Patna.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukund Mohan Jha For the Respondent/s : Mr.Smt Pushpa Sinha ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
Heard learned counsel for the petitioner and the
Petitioner is languishing in judicial custody since 20.09.2018 in connection with Patrakar Nagar P.S. Case No. 509 of 2018 for offences punishable under Section 379 of the Indian Penal Code.
The prosecution case as lodged by the informant is that when he had gone to meet his uncle in a motorcycle in the hospital after returning he found his motorcycle stolen.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that the stolen motorcycle has not been recovered from the possession of the petitioner and it is only on the confessional statement of co-accused Arun Kumar
Patna High Court Cr.Misc. No.1849 of 2019(2) dt.15-01-2019 2/2
Thakur before the police which has no evidentiary value in the eye of law that his name surfaced. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and two more cases although of different nature is pending against him.
Considering the facts and circumstances of the case and materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Patrakar Nagar P.S. Case No. 509 of 2018, subject to the condition that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.
(Nilu Agrawal, J)
devendra/- U T
1 issue framed by the court
Whether the petitioner shall be granted bail in the case of theft punishable under Section 379 IPC.
1 provisions across 1 enactments
Arun Kumar @ Arun Rai
The State Of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
