Single judge allowed a petition for regular bail. The bench observed that co-accused had been granted bail, the trial was delayed due to the pandemic, and the charge sheet had been filed.
Petitioner released on bail bonds of Rs. 20,000 with two sureties of similar amount.
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.32604 of 2021
Arising Out of PS. Case No.-143 Year-2019 Thana- DHAKA District- East Champaran
======================================================
JITENDRA KUMAR @ JITU S/O TIGAN MAHTO R/o villageMohinimandal, P.S.- Suppi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Md. Nazir Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 11-08-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Dhaka Police Station Case No. 143 of 2019, registered for the offences punishable under Section 392 of the Indian Penal Code.
This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 20.10.2020, passed in Criminal Misc. No. 26866 of 2020, giving liberty to the petitioner to renew his prayer for bail after six months from the date of the order.
The prosecution story, as per the First Information Report, is that while the informant was going on his motorcycle,
Patna High Court CR. MISC. No.32604 of 2021(2) dt.11-08-2021 2/3
he was intercepted by three miscreants riding on a motorcycle and they snatched away the motorcycle of the informant as well as cash of Rs. 6,700/-, mobile phone, PAN Card, ATM Card etc.
Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report. However, the petitioner was arrested along with co-accused Madhurendra Kumar, while sitting as a pillion rider along with co-accused Madhurendra Kumar on the snatched motorcycle, which is the subject matter of Sufi Police Station Case No. 112 of 2019, in which the petitioner has been granted bail by this court on 18.07.2019. He further submits that co-accused Madhurendra Kumar has been granted bail by co-ordinate Bench of this Court, vide order, dated 12.04.2021, passed in Criminal Misc. No. 40761. He further submits that the petitioner is in custody since 14.03.2020 and charge sheet has been submitted in this case and as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.
Regard being had to the submission advanced on behalf of the parties and taking into consideration the materials on record and the fact that co-accused persons has been granted bail by this Court, the petitioner is in custody since 14.03.2020, charge sheet has been submitted in this case, the trial is not
Patna High Court CR. MISC. No.32604 of 2021(2) dt.11-08-2021 3/3
likely to be concluded in near future due to COVID-19 pandemic and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikarhana at Dhaka, East Champaran, in connection with Dhaka Police Station Case No. 143 of 2019.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
1 issue framed by the court
Whether the petitioner is entitled to regular bail being the second attempt for the offence of snatching.
1 provisions across 1 enactments
Jitendra Kumar @ Jitu
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
