The High Court at Patna, recognizing that a stolen vehicle in the FIR was already recovered by co-accuseds and the petitioner's name was derived only from mobile details, granted anticipatory bail subject to statutory conditions under Section 438(2) CrPC.
Petitioner allowed anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C.
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. 23774 of 2021
Arising Out of PS. Case No.-455 Year-2020 Thana- CHANDI District- Nalanda
======================================================
Rahul Kumar, Male, age 19 years, Son of Ramesh Prasad, Resident of Village- Nagarnausa, Ward No.-01, P.S.- Nagarnausa, District- Nalanda.
... ... Petitioner/s
Versus
| The State of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : For the Petitioner/s : For the Opposite Party/s : =================== |
Mr. Rudra Deo, Advocate Mr. Kumar Veerendra Narayan, APP =================================== |
| CORAM: HONOURABL SHARMA |
E MR. JUSTICE SANJEEV PRAKASH |
ORAL ORDER
The petitioner seeks bail in anticipation of his arrest in connection with Chandi P.S. Case No.455 of 2020 instituted for the offences punishable under Section 392 of the Indian Penal Code.
Taking into consideration that the stolen vehicle has already been recovered from the co-accused and the name of the petitioner is being only based on the mobile, I am inclined to allow the petitioner on bail, in the event of arrest he shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail in an offence under Section 392 IPC.
Whether recovery of the stolen vehicle affects the grant of bail in a case where the petitioner's name is based only on mobile details.
2 provisions across 2 enactments
Rahul Kumar
The State of Bihar
Justice Sanjeev Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
