The High Court granted regular bail to two petitioners accused of attempting to break an ATM lock, directing them to furnish a bond of Rs. 10,000 with two sureties after noting their prolonged custody.
Petitioner to be enlarged on bail on furnishing bail bond of Rs.10,000 with two sureties each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65492 of 2021
Arising Out of PS. Case No.-146 Year-2021 Thana- JAMHOR District- Aurangabad
====================================================== JITESH KUMAR S/o Saryu Yadav R/o village- Kanaudi, P.S.- Gurua, District- Gaya
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 151 of 2022
Arising Out of PS. Case No.-146 Year-2021 Thana- JAMHOR District- Aurangabad
====================================================== SUMIT KUMAR S/o Harendra Singh R/o Vill- Kanaudi, P.S,. - Gurua, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 65492 of 2021) For the Petitioner/s : Mr. Ranvijay Narain Singh, Adv. For the Opposite Party/s : Mr. Akhileshwar Dayal, APP (In CRIMINAL MISCELLANEOUS No. 151 of 2022) For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 26-04-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for
grant of regular bail in a case registered under sections 414, 379, 511 and 34 of the Indian Penal Code.
As per the prosecution case, while both the accused petitioners made an attempt to break open the lock of the ATM,
Patna High Court CR. MISC. No.65492 of 2021(2) dt.26-04-2022 2/2
a hulla was raised and both the petitioners were caught at the place of occurrence. Information was given to the Police Station and they were taken into custody.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No such occurrence as alleged in the FIR has taken place. They are in custody since 14.9.2021 and investigation in the case has concluded.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioners having remained in custody for over 7 months, the Court directs the petitioners to be enlarged on bail in connection with Jamhore P.S. Case no. 146 of 2021 on each of them 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, Aurangabad.
(Partha Sarthy, J)
Bibhash/-
U
2 issues framed by the court
Whether the petitioners can be enlarged on bail considering their custody duration and prosecution case.
Whether the false implication of petitioners justifies grant of bail.
1 provisions across 1 enactments
Jiteswar S/o Saryu Yadav
Sumit Kumar S/o Harendra Singh
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
