Single judge order granting bail to a petitioner accused of theft and criminal mischief. The court considered the petitioner's clean antecedents and parity with a co-accused who had already been granted bail.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of similar 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.31486 of 2022
Arising Out of PS. Case No.-34 Year-2022 Thana- BEUR District- Patna
======================================================
GOLU KUMAR S/o Karu Rai R/o village- Atwarpur, P.S.- Parsa Bazar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 09-11-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Beur P.S. Case No. 34 of 2022 registered for the offences punishable under Sections 411, 441 and 34 of the Indian Penal Code.
As per prosecution case, petitioner and other were apprehended on motorcycle and failed to answer satisfactorily regarding the possession of the said motorcycle. They have not produce any valid paper about the said motorcycle.
Learned counsel for the petitioner submits that petitioner is in custody since 17.01.2022. Petitioner bears no criminal antecedent. Co-accused Rahul Kumar who was
Patna High Court CR. MISC. No.31486 of 2022(2) dt.09-11-2022 2/3
apprehended on the said motorcycle has already been granted bail vide Cr. Misc. No. 28160 of 2022 and the case of the present petitioner stands on the similar footing. Petitioner is quite innocent and has been falsely implicated in this case by the police merely on suspicion. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner and on the ground of parity co-accused has already been granted bail on similar allegation, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released 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 Additional Chief Judicial Magistrate III, Patna in connection with Beur P.S. Case No. 34 of 2022, subject to following conditions:-
Patna High Court CR. MISC. No.31486 of 2022(2) dt.09-11-2022 3/3
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
alok/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is accused of theft and criminal mischief under Sections 411, 441 and 34 of the IPC.
Golu Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
