Petitioner approached Patna High Court seeking regular bail in a theft case. The court permitted corrections and granted bail upon furnishing a bond with sureties, considering the petitioner's clean antecedents.
Petitioner enlarged on bail by furnishing bond of Rs.20,000 with two sureties of like amount each.
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.27028 of 2022
Arising Out of PS. Case No.-35 Year-2022 Thana- PASRAHA District- Khagaria
======================================================
DURGESH PANDIT Son of Pradeep Pandit Resident of Village - Baisa, P.s.Parbatta (Maraiya), Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Binod Kumar For the Opposite Party/s : Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 29-09-2022
Learned counsel for the petitioner is permitted to
remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 379 of the Indian Penal Code.
As per the prosecution case, some unknown thieves had stolen Sonalika Tractor and its trolley bearing No. BR34GA4414 which was parked in front of the house of the informant.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.27028 of 2022(3) dt.29-09-2022
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case due to village politics. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the statement of a local witness namely Gautam Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.03.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that at the instance of the petitioner the said tractor was recovered.
Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Pasraha P.S. Case No. 35 of 2022, with a condition:-
The application stands allowed.
(Chandra Prakash Singh, J)
shobhakri/- U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the undermentioned criminal case pending against him.
Durgesh Pandit
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
