Court granted regular bail to petitioner in theft case upon furnishing bond with sureties, directing physical presence; bail condition included cancellation risk for consecutive absences.
Enlargement on bail with bond of Rs. 20,000 and two sureties of like amount each; condition to appear physically before court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27497 of 2022
Arising Out of PS. Case No.-324 Year-2021 Thana- SIKARPUR District- West Champaran
======================================================
RAHUL KUMAR @ BARMA CHAUDHARY @ BARMA RAM SON OF KISHORE CHOUDHRI @ KISHOR CHAUDHARY R/O- WARD NO.-16 SHIVGANJ, P.S.- SHIKARPUR, DISTRICT- WEST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Gupta For the Opposite Party/s : Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 19-09-2022
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 under section 379 of the Penal Code.
As per the prosecution case, the informant's motorcycle was stolen from the varandah of the informant by unknown thieves.
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.27497 of 2022(2) dt.19-09-2022 2/3
case. Nothing has been recovered from the conscious possession of the petitioner rather the said stolen motorcycle was recovered from the possession of co-accused persons Nanhak, Shahid and Bholu Kumar. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The name of the petitioner has sprung up in the confessional statement of the coaccused persons. The petitioner is in custody since 29.10.2021.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner has admitted his guilt in his confessional statement and he has stated as to how the occurrence took place in connivance with the co-accused persons.
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, Bettiah, West Champaran in connection with Sikarpur P.S. Case No. 324 of 2021, with one condition:-
Patna High Court CR. MISC. No.27497 of 2022(2) dt.19-09-2022 3/3
cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.
The application stands allowed.
(Chandra Prakash Singh, J)
shobhakri/-
U T
1 issue framed by the court
Whether the application for regular bail in a theft case should be allowed given the petitioner's custody period and recovery of stolen vehicle from co-accused persons?
1 provisions across 1 enactments
Rahul Kumar @ Barma Chaudhary @ Barma Ram Son of Kishore Choudhri @ Kishor Chaudhary
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
