Single Judge of the Patna High Court granted regular bail to the petitioner in a theft case (Sections 379 IPC) lodged under Vishnupad P.S. Case No.124 of 2021, on furnishing bail bonds and sureties, subject to conditions and appearance requirements.
Petitioner granted bail on Rs. 20,000 bond with two sureties under Section 437(3) Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22808 of 2022
Arising Out of PS. Case No.-124 Year-2021 Thana- VISHNUPAD District- Gaya
======================================================
Manish Kumar Son of - Deepu Prasad @ Dipu Kumar Resident of Village - Pater, P.S.- Wazirganj, District - Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 27-07-2022
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Vishnupad P.S. Case No. 124 of 2021 lodged under Sections 379 of the Indian Penal Code.
The allegation as per the F.I.R. is that the informant has visited to the school sitting on motorcycle outside the school campus, when he returned from there he saw that the said motorcycle was not parked there, thereafter this case has been lodged under Section 379 of the Cr.P.C.
Learned counsel for the petitioner submits that petitioner is innocent in this case, he has been remanded only and only due to the reason that he was arrested in Bodh Gaya
Patna High Court CR. MISC. No.22808 of 2022(2) dt.27-07-2022 2/3
P.S. Case No. 316 of 2021 lodged under Section 379, 411, 413 of the Indian Penal Code. He further submits that his name has figured in this case only and only due to the failure of the police that instead of searching of real culprits police has given the name of the petitioner in this case. He further submits that petitioner is in custody since 21.09.2021 and charge sheet has already been filed in this case.
Learned counsel for the State opposes the prayer for bail.
Considering the facts and circumstances and the submissions made above of this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/(Rupees Twenty Thousand) with two sureties one sureties shall be the close relative of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Vishnupad P.S. Case No. 124 of 2021, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.
The petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his
Patna High Court CR. MISC. No.22808 of 2022(2) dt.27-07-2022 3/3
bail bond.
Accordingly, the bail application stands allowed.
(Dr. Anshuman, J.)
guddu/-
U T
2 issues framed by the court
Whether the petitioner seeking regular bail in a theft case should be granted bail by the High Court.
Whether the petitioner's remand due to arrest in Bodh Gaya justifies bail under Section 437(3) Cr.P.C.
1 provisions across 1 enactments
Manish Kumar
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
