The High Court at Patna granted bail to the petitioner in a case under Sections 411 and 414/34 of the Indian Penal Code, requiring a bond of Rs. 25,000 with sureties and subject to conditions regarding attendance and cooperation with investigation.
Petitioner released on bail on furnishing bond of Rs. 25,000 with two sureties of the like amount each.
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.27820 of 2020
Arising Out of PS. Case No.-58 Year-2020 Thana- MUSAHARI District- Muzaffarpur
======================================================
VICKY KUMAR, S/o Baijnath Paswan, Resident of Mohalla-Khadi Bhandar Chowk, P.S.-Mithanpura, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh For the Opposite Party/s : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 10-12-2020
Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings.
The petitioner seeks bail in a case registered for the offence punishable under Sections 411, 414/34 of the Indian Penal Code.
Prosecution case in brief is that on 05.04.2020 when the informant was on patrolling duty alongwith other police force and he saw two persons riding on a motorcycle were going towards Muzaffarpur and seeing the police they, after leaving the motorcycle tried to flee away but the police after chasing caught them. On demand of paper they did not produce papers of the motorcycle. So, the police seized the motorcycle and prepared seizure list.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.27820 of 2020(3) dt.10-12-2020 2/3
petitioner is innocent and has falsely been implicated in this case. The entire allegations levelled against the petitioner is false and fabricated and nothing has been recovered from the possession of the petitioner. The petitioner is in custody since 06.04.2020. The co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 07.12.2020 passed in Cr. Misc. No. 31939.
Learned APP for the State has opposes the prayer for
bail.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Mushahari P.S. Case No. 58/2020 to the satisfaction of the learned A.C.J.M.-Muzaffarpur, subject to the following conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of
Patna High Court CR. MISC. No.27820 of 2020(3) dt.10-12-2020 3/3
failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court
concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjani Kumar Sharan, J)
amitkumar/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving theft and dishonestly receiving stolen property.
1 provisions across 1 enactments
Vicky Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
