Single judge order grants interim bail to petitioner on personal bond during COVID-19 lockdown pending restoration of normalcy for full bonds.
Released from custody on personal bond to satisfactory ACJM pending submission of monetary bail bonds later.
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.10302 of 2020
Arising Out of PS. Case No.-312 Year-2019 Thana- WARISLIGANJ District- Nawada
======================================================
ANANT KUMAR @ CHITTAR, aged about 23 years (Male), Son of Lalan Kumar, Resident of Village-Simridih, P.S.-Warsaliganj, District-Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Vibhuti Ranjan Sonvadra, Advocate. For the Opposite Party : Mr.Surendra Prasad Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 01-06-2020
Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences under Section 395 of the IPC.
The prosecution case, in short, is that on 16.09.2019 at 7.15 in the evening, one unknown boy alongwith his brother came to the informant and hired his vehicle at the rate of Rs. 1500/- as fare. Thereafter they proceeded and in that course, two boys acquainted with the said boy also got sitted in the said vehicle and when he reached near Warisaliganj Railway Gumti,
Patna High Court CR. MISC. No.10302 of 2020(3) dt.01-06-2020 2/3
a boy also met with an Apachi Motorcycle and after that four boys snatched his vehicle and Mobile of his brother.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.11.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of coaccused Golu @ Gopal Kumar. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner. Other co-accused has been granted bail by the then another Co-ordinate Bench of this Court vide Cr. Misc. No. 84466 of 2019 under order dated 19.12.2019 annexed as Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of
Patna High Court CR. MISC. No.10302 of 2020(3) dt.01-06-2020 3/3
learned A.C.J.M. Ist, Nawada in connection with Warsaliganj P.S. Case No. 312 of 2019.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a snatch case where he was not named in the FIR but implicated via co-accused confession.
1 provisions across 1 enactments
Anant Kumar @ Chittar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
