The High Court granted bail to the petitioner in a criminal case involving snatch theft, noting he was not initially in the FIR and no incriminating articles were recovered from his possession.
Petitioner was enlarged on bail on furnishing a bond of Rs. 10,000/- with two sureties.
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.1731 of 2021
Arising Out of PS. Case No.-247 Year-2019 Thana- SITAMARHI District- Sitamarhi
======================================================
MD HASIM LAHERI S/o Late Habib Laheri R/o Village-Husena, Ward No. -12, P.S.-Sitamarhi. District-Sitamarhi.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Hans Lal Kumar For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 09-06-2021
This matter is taken up for consideration through
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Sitamarhi P.S. Case No. 247 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.
As per the prosecution case, on the alleged date and time of occurrence while the informant and his friend were returning after attending marriage ceremony, on the way, some miscreants on the point of gun, knife and pistol snatched away motorcycle, cash and mobile.
It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of
Patna High Court CR. MISC. No.1731 of 2021(4) dt.09-06-2021 2/3
investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused Nasim Nadaf. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is accused in three more cases, but in all those cases, he is on bail. Petitioner is in custody since 23.11.2019.
Considering the facts and circumstances of the case and the fact that no looted article has been recovered from possession of this petitioner, the petitioner above-named, is directed to 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, Sitamarhi in connection with Sitamarhi P.S. Case No. 247 of 2019, subject to following conditions:-
(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.1731 of 2021(4) dt.09-06-2021 3/3
to move for cancellation of bail of the petitioner.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
whether the petitioner should be granted bail in the specified case considering the facts and circumstances.
1 provisions across 1 enactments
md hasim laheri
the state of bihar
prabhat kumar singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
