This order grants anticipatory bail to the petitioner in a case under Section 379 IPC. The court allowed the petitioner to be enlarged on bail upon surrender, subject to a bond of Rs. 25,000 and two sureties.
Petitioner is to be enlarged on bail upon surrender within six weeks by furnishing bond of Rs. 25,000 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.27467 of 2022
Arising Out of PS. Case No.-12 Year-2021 Thana- BACHHWARA RAIL P.S. DistrictBegusarai
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RAJESH KUMAR Son of Late Shivji Ray Resident of Village - Raghopur Paschami, Ward no.8, P.S.- Jurawanpur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Siddharth Harsh For the Opposite Party/s : Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 20-12-2022
The report of the learned Registrar General is on record in a sealed envelope. The envelope is opened in the Court.
Perused the report of the learned Registrar General and the same is accepted.
Heard both sides.
The petitioner apprehends his arrest in connection with Bachhwara Rail P.S. Case No.12 of 2021, registered for the offence punishable under Section 379 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail
Patna High Court CR. MISC. No.27467 of 2022(3) dt.20-12-2022 2/2
application. It is submitted that the petitioner is said to have purchased the stolen mobile from a person and went to Hyderabad where he works. When the police reached his house, he came from Hyderabad and handed over the said mobile to the police. It is submitted that petitioner was granted benefit of Section 41(1) Cr.P.C.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Considering the fact that petitioner has got no criminal antecedent, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Barauni, District Begusarai in connection with Bachhwara Rail P.S. Case No.12 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
Sanjay/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in the event of arrest or surrender regarding theft.
What bond amount and conditions must be satisfied for the enlargement on bail.
3 provisions across 2 enactments
Rajesh Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
