Allowed

Ravi Kumar v. the State of Bihar

Patna HC2 Sept 2022CR. MISC./32579/2022

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to a petitioner charged with theft under Section 379 IPC. The Court directed the lower court to release him, citing the absence of recovery of the stolen vehicle from his possession despite his confession.

What did the court decide?

Released on bail on such terms and conditions as the Court below deems fit, contingent on the failure to recover the stolen vehicle from the petitioner's possession.

Ravi Kumar Vs the State of Bihar — Cheque Dishonour | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32579 of 2022

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Arising Out of PS. Case No.-162 Year-2021 Thana- GANDHIMAIDAN District- Patna

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======================================================

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Ravi Kumar, aged about 34 years, male, Son of Ramdhani Rai, Resident of Village - Mahisaul,P.S.- Runi Saidpur, District - Samastipur. Presently resident of Kurzi Mohammadpur, P.S. - Phulwarishariff, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Pushpa Sinha.1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 02-09-2022

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Heard Mr. Satyendra Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Pushpa Sinha. 1, learned A.P.P. for the State.

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Petitioner, who is in custody since 09.12.2021, seeks regular bail in connection with Gandhi Maidan P.S. Case No. 162 of 2021 dated 07.03.2021 registered for offences punishable under Sections 379 of the Indian Penal Code.

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As per the allegation made in the F.I.R., motorcycle bearing Registration No. BR-01-CH- 4044 belonging to the informant was stolen from the parking area of Additional District Transport Officer’s office, Patna.

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Learned counsel appearing on behalf of the petitioner submits that petitioner is not a member of the gang who are

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Patna High Court CR. MISC. No.32579 of 2022(2) dt.02-09-2022 2/3

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operating as dalal and involved in stealing vehicles while it is parked and the person in whose name the registration is required are made to suffer. So far as the petitioner is concerned, he has confessed while he was taken into custody by the police and subsequent to the said confessional statement, he has been roped in the present false case and thereafter, he has also been made accused in almost five criminal cases which have been mentioned in paragraph no. 3 of the bail application and he has apprehension that the police can further involve him in other cases due to the reason best known to the police officer.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submits that several cases of similar nature are pending against the petitioner and it will not be in the interest of society to release the petitioner on bail.

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Considering the allegation made in the FIR as well as the specific statement made on behalf of the petitioner that subsequent to the lodging of the present FIR and before his arrest on 13.09.2021, police authorities were on vindictive terms and due to enmity, for reason best known to the police, the petitioner has been made accused not only in this case but also in five other cases, charge-sheet has already been submitted and

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Patna High Court CR. MISC. No.32579 of 2022(2) dt.02-09-2022 3/3

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even after confessional statement made by the petitioner, no recovery of vehicle has been made by the Investigating Officer either from his possession or from any of his relatives, the Court below is directed to call for the records of the cases which are pending against the petitioner which relates to Gandhi Maidan Police Station and all have been alleged to have to be committed near Biscoman Bhawan.

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If it is found that no recovery of any vehicle has been made from the possession of the petitioner, the petitioner, above named, is directed to be released on bail on such terms and conditions as the Court below deems fit and proper.

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Accordingly, the present bail application stands disposed of.

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(Purnendu Singh, J)

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Niraj/-

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U T

Ravi Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ravi Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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