The Patna High Court granted regular bail to the petitioner in a cheating/motorcycle recovery case. The court noted the petitioner had no criminal antecedents and was in custody. Bail was granted subject to a bond and appearance conditions.
Petitioner released on bail bond of Rs. 10,000/- with two sureties, conditioned to appear on all dates.
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.2702 of 2021
Arising Out of PS. Case No.-393 Year-2020 Thana- KHAIRA District- Jamui
======================================================
RANJIT KUMAR YADAV, Son of Raju Yadav Resident of Village - Baribagh Jaljoga, P.S.- Khaira, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Ms. Rina Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 18-03-2021
Heard Mr. Satya Prakash Parasar, learned Counsel for
the petitioner and Ms. Rina Sinha, learned Additional Public Prosecutor for the State, through Video Conferencing.
This application, for grant of regular bail, arises out of Khaira Police Station Case No. 393 of 2020, disclosing offences under Section 414/34 of the Indian Penal Code.
The allegation, as per the First Information Report is that the police raided the house of the petitioner and recovered a stolen motorcycle.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case inasmuch as the petitioner is the purchaser of the said motorcycle from Pawan Yadav on payment of valid consideration, however, the papers of the motorcycle was not provided to the petitioner by the seller, Pawan
Patna High Court CR. MISC. No.2702 of 2021(2) dt.18-03-2021 2/2
Yadav. Learned counsel further submits that petitioner is in custody since 31.08.2020, having no criminal antecedent
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 31.08.2020 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Ranjit Kumar, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira Police Station Case No. 393 of 2020.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required on each and every date and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
sanjeev/-
U T
3 issues framed by the court
Whether regular bail should be granted to the petitioner falsely implicated in recovery of stolen property.
Whether the conditions of bail and social distancing guidelines should be framed.
Whether the petitioner having no criminal antecedents warrants release on bail.
1 provisions across 1 enactments
Ranjit Kumar Yadav
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
