This order grants bail to two petitioners accused of theft under Sections 379 and 411 of the Indian Penal Code. The High Court considered their clean antecedents, the submission of the charge sheet, and the lack of likelihood of evidence tampering.
Petitioners released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32444 of 2022
Arising Out of PS. Case No.-28 Year-2022 Thana- MALI District- Aurangabad
====================================================== GUDDU KUMAR Son of Ishvardyal Singh Resident of Village - Kanchanpur Tola, Nashib Bigha, P.S.- Narari Kala Khurd, Distt.- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 32704 of 2022
Arising Out of PS. Case No.-28 Year-2022 Thana- MALI District- Aurangabad
====================================================== SONU KUMAR SON OF NARENDRA YADAV RESIDENT OF VILLAGETENDUA HEIBAT, P.S.- NARARI KALA KHURD, DISTRICTAURANGABAD (BIHAR)
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 32444 of 2022) For the Petitioner/s : Mr.Binod Kumar Pandey For the Opposite Party/s : Mr.Rabindra Kumar (In CRIMINAL MISCELLANEOUS No. 32704 of 2022) For the Petitioner/s : Mr.Binod Kumar Pandey For the Opposite Party/s : Mr.Pradeep Narain Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
removed within a period of four weeks from today.
Heard learned counsel for the petitioners and
learned A.P.P. for the State.
The petitioners seek bail in connection with Mali P.S. Case No. 28 of 2022 registered for the offences punishable
Patna High Court CR. MISC. No.32444 of 2022(2) dt.14-07-2022 2/3
under Sections 379 and 411 of the Indian Penal Code.
As per prosecution case, the informant and his friend was watching cricket match with their respective motorcycle and when they came to the place where the motorcycles were parked they did not find their motorcycles on the said place. As per seizure list the motorcycle was recovered from the present petitioner.
Learned counsel for the petitioners submits that petitioners are in custody since 28.03.2022. Petitioners bear no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Petitioners are not named in the F.I.R. Learned counsel for the petitioners submits that the said stolen motorbikes were seized from Charan Petrol Pump and the petitioners were arrested from there. The petitioners were quite unaware of the fact that the said motorcycle is stolen one. The place of recovery is patrol pump which is open to all as seizure list indicates specifically that the seized place from where the motorcycle was recovered is public place.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.
Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.32444 of 2022(2) dt.14-07-2022 3/3
as well as period of custody, charge-sheet has already been submitted, keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Mali P.S. Case No. 28 of 2021, subject to following conditions:-
(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) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioners tamper 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)
amitkr/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail in the prosecution for theft offences.
Whether the period of custody, clean antecedents, and submission of charge sheet warrant release on bail.
Guddu Kumar
Sonu 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
