The Patna High Court granted anticipatory bail to the petitioner in a氰化物 looting FIR, directing him to remove defects and submit bail bonds upon restoration of normalcy, citing COVID-19 constraints.
Anticipatory bail granted on personal bond for twelve weeks or arrest/surrender, provided defects are removed and bail bonds are submitted after normalcy.
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.22724 of 2021
Arising Out of PS. Case No.-18 Year-2020 Thana- PATORI District- Samastipur
======================================================
KRISHNAKANT YADAV S/O AMAR NATH RAY R/o villageHargovindpur - Basudeopur Chandel, P.S.- Mahnar, District- Vaishali
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate For the Opposite Party/s : Mr.Parmanand Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 10-01-2022
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 defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in connection with Patory P.S. case No.18/2020 registered under Section 395 of the Indian Penal Code.
Allegation is that some unknown miscreants entered inside the L.I.C. office, Patory and on the point of pistol looted
Patna High Court CR. MISC. No.22724 of 2021(2) dt.10-01-2022 2/3
Rs.10,71,835/- and gun of office guard.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. 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. His name has transpired in this case on disclosure made by co-accused. As per the prosecution, it is alleged that the petitioner was seen with the co-accused at the L.I.C. Branch prior to the alleged occurrence as per the C.C.T.V. footage. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of any incriminating article from the possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is not named in the complaint case/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
Patna High Court CR. MISC. No.22724 of 2021(2) dt.10-01-2022 3/3
covid cases.
Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. IV, Samastipur in connection with Patory P.S. case No.18/2020, 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)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in case of arrest in P.S. Case No.18/2020.
1 provisions across 1 enactments
Krishnakant Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
