Patna High Court granted anticipatory bail to an applicant under Section 438 CrPC in a Section 392 IPC case, allowing release on personal bonds immediately but requiring monetary bail once normalcy is restored, citing COVID-19 jail conditions.
Anticipatory bail on personal bonds for 12 weeks; to furnish Rs. 10,000 bond + 2 sureties after normalcy.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20474 of 2021
Arising Out of PS. Case No.-11 Year-2020 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Anu Kumar S/O Mahendra Rawat R/O Village-Erki, P.S-Belaganj, DistrictGaya.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amresh Kumar Sinha For the Opposite Party/s : Mr. Parmanand Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 17-01-2022
Due to the third wave of COVID-19 Pandemic, the
matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in a case registered under Section 392 of the Indian Penal Code.
The prosecution allegation, in short, is that the unknown accused persons looted pick up van of the informant loaded with fish.
Patna High Court CR. MISC. No.20474 of 2021(2) dt.17-01-2022 2/3
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. As per prosecution case, four unknown persons are said to have looted fish from pick up van. The name of the petitioner has transpired on the basis of confessional statement of co-accused recorded under section 161 Cr.P.C. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no recovery of any incriminating articles from the possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, the
Patna High Court CR. MISC. No.20474 of 2021(2) dt.17-01-2022 3/3
petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Magadh University P.S. Case No. 11/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in a case under Section 392 IPC in light of COVID-19 conditions.
Whether the applicant should be released on personal bonds or require monetary bail.
1 provisions across 1 enactments
Anu Kumar S/O Mahendra Rawat
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
