The Patna High Court granted regular bail to the petitioner in a theft case registered under Section 395 IPC, directing him to furnish a bail bond and sureties to the local magistrate.
Enlargement on bail on furnishing a bond of Rs. 10,000 with two sureties of 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.17003 of 2021
Arising Out of PS. Case No.-254 Year-2020 Thana- BANIAPUR District- Saran
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ROHIT KUMAR Son of Raj Kumar Gupta Resident of Village - Karnichak, P.S.- Chapra Town, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
4 16-09-2021
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.
As per the prosecution case, three accused persons came on a Bolero vehicle and entered the shop of the informant while two persons stood nearby. They took away cash to the tune of Rs. 80,040/ on the point of pistol.
It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. In course of investigation the Bolero vehicle was caught along with two accused who disclosed their names as Md. Danish and Sukhdeo Kumar. Rs. 49,500/ was recovered from their possession. It is
Patna High Court CR. MISC. No.17003 of 2021(4) dt.16-09-2021 2/2
stated that the name of the petitioner transpired in the confessional statement of accused Sukhdeo Kumar who has himself been enlarged on bail vide order dated 12.10.2020 (Annexure-4) passed in B.P no. 1092 of 2020. The petitioner is in custody since 16.8.2020 and charge sheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration grant of bail to co-accused Sukhdeo Kumar on his confessional statement the name of the petitioner transpired together with charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Baniapur P.S. Case no. 254 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail in an offence under Section 395 IPC.
1 provisions across 1 enactments
Rohit Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
