The High Court granted bail to the petitioner, who was named in a case for snatch, directing release on furnishing a bond under Section 437(3) CrPC.
Granted bail with a bond of Rs. 20,000 and two sureties of the like amount, subject to specific probation conditions.
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.25985 of 2022
Arising Out of PS. Case No.-57 Year-2022 Thana- JOKIHAT District- Araria
======================================================
Ashique @ Md. Ashique S/o Mustaque, R/o village- Matiyari, P.S.- Jokihat, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 21-11-2022 Heard learned counsel for the petitioner and learned
APP for the State.
In the present case, the petitioner seeks bail in connection with Jokihat P.S. Case No. 57 of 2022 registered for the alleged offences under Section 392 of the Indian Penal Code.
As per prosecution case, two unknown miscreants forcibly snatched the key of tractor of the informant laden with fertilizers. On alarm being raised by the informant, the coaccused Tanveer was apprehended by the police who disclosed the name of the petitioner who took away the tractor laden with fertilizers.
Learned counsel for the petitioner submits that the petitioner has been named in the case merely on suspicion. The
Patna High Court CR. MISC. No.25985 of 2022(3) dt.21-11-2022 2/3
petitioner was not apprehended from spot and nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner was not put to any Test Identification Parade. The police recovered the fertilizers loaded with the tractor on the same day of occurrence. The petitioner is in custody since 27.11.2022 and charge-sheet has been submitted in this case.
Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent and he has been named by the co-accused person.
Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering submission of charge-sheet along with period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 57 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.25985 of 2022(3) dt.21-11-2022 3/3
the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the present facts.
2 provisions across 2 enactments
Ashique @ Md. Ashique
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
