The High Court at Patna, upon an application for anticipatory bail filed by the petitioner fearing arrest under Section 414 IPC, was inclined to grant bail. The petitioner surrendered and was enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties.
Petitioner was enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties.
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.27217 of 2021
Arising Out of PS. Case No.-257 Year-2020 Thana- AKBARPUR District- Nawada
======================================================
Pankaj Kumar S/O Surendra Rajbanshi R/O Village Job, P.S. Rajauli District Nawada ... ... Petitioner/s
Versus
| the state of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : |
|
| For the Petitioner/s : |
Mr.Pramod Kumar Verma |
| For the Opposite Party/s : =================== |
Mr.APP =================================== |
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 26-04-2022
Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Akbarpur P.S. Case no. 257 of 2020 instituted for the offence under Section 414 of the Indian Penal Code.
As per allegation in the FIR, it is a case of recovery of stolen motorcycle from co-accused, namely, Dipu Kumar by the police officials and he disclosed that this motorcycle was handed over to him by the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to high handedness of the police. Petitioner has no concern with the alleged vehicle. On the basis of confessional statement of coaccused Dipu Kumar, who has inimical term with the petitioner, his name has been surfaced in the present case, which has got no
Patna High Court CR. MISC. No.27217 of 2021(4) dt.26-04-2022 2/2
evidentiary value in the eye of law. Petitioner is a student and he has no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Akbarpur P.S. Case no. 257 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/- U
2 issues framed by the court
Whether the petitioner deserves anticipatory bail apprehending arrest for theft.
Whether the Court should enlarge the petitioner on bail subject to surrender and surety conditions.
2 provisions across 2 enactments
Pankaj Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
