Single judge allowed anticipatory bail to the petitioner in a theft case involving an offence under Sections 457/380 IPC, granting release subject to a bail bond and specific conditions.
Petitioner released on bail furnishing a bail bond of Rs.20,000 with two sureties of the like amount each, subject to conditions of cooperation and not leaving the country.
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.86536 of 2019
Arising Out of PS. Case No.-373 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
AMAR KUMAR Son of - Dinesh Sah Resident of- Ward No. 39, Bishnupur, Bishunpur, Mirzapur, Banduar, P.S.- Cheria- Bariarpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s : Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 24-01-2020
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457/380 of the Indian Penal Code.
FIR of the occurrence of theft is against unknown.
Submission is that name of the petitioner surfaced in the confessional statement of co-accused. The petitioner has stated on oath that he has got no criminal antecedent. Nothing incriminating was recovered from the possession of the petitioner.
Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of
Patna High Court CR. MISC. No.86536 of 2019(2) dt.24-01-2020 2/2
receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Town Police Station Case No.373 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J)
Mkr./-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a theft case pending against him.
What conditions should be imposed on the release on bail.
2 provisions across 2 enactments
AMAR KUMAR
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
