The court allowed bail to the petitioner accused under Sections 395 and 397 IPC in a dacoity case. Release is subject to a bond of 20,000 Rupees with two sureties and standard conditions.
Directed to be released on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount.
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.3001 of 2022
Arising Out of PS. Case No.-578 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur
======================================================
Chandan Kumar, Son of Jay Prakash Ray @ Shiv Chandra Ray, R/O VillageMaruaha, P.S.- Sakra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shivnandan Bharti, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
4 14-12-2022
Heard learned counsel for the petitioner and learned
APP for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks from today.
In the present case, the petitioner seeks bail in connection with Muzaffarpur Sadar P.S. Case No. 578 of 2021, registered for the alleged offences under Sections 395 and 397 of the Indian Penal Code.
As per prosecution case, a truck loaded with mustard oil was looted by the unknown dacoits. During investigation, the name of the petitioner surfaced as one of the accused persons who was involved in the crime.
The learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.3001 of 2022(4) dt.14-12-2022 2/3
petitioner has been falsely implicated in this case and he has been made accused merely on the basis of confessional statement of co-accused Neeraj Kumar. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person/possession of this petitioner. The petitioner is in custody since 26.08.2021 and is having clean antecedent. The charge sheet has been submitted. A number of co-accused persons have been granted bail by a Coordinate Bench of this Court vide order dated 28.11.2022 passed in Cr. Misc. No.3144 of 2022 and its analogous cases. The learned counsel further submits that vide order dated 22.11.2022, the petitioner was granted provisional bail till 08.12.2022 and he has already surrendered before the learned court below on completion of provisional bail period. The learned counsel further submits that today a supplementary affidavit bringing on record his surrender certificate is being filed in compliance of the order dated 22.11.2022.
Learned APP opposes the prayer for bail.
Having regard to the facts and circumstances and submissions made here-in-above and considering the fact that no recovery has been shown from this petitioner and there appears no substantive material to connect the petitioner in the
Patna High Court CR. MISC. No.3001 of 2022(4) dt.14-12-2022 3/3
crime as alleged and further considering the period of custody of the petitioner and submission of charge sheet along with his clean antecedent, the petitioner above named 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, Muzaffarpur, in connection with Muzaffarpur Sadar P.S. Case No. 578 of 2021, 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 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)
V.K.Pandey/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a dacoity case where charges sheet is submitted and supplementary affidavit of surrender is filed.
1 provisions across 1 enactments
Chandan Kumar
The State of Bihar
ARUN KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
