The Patna High Court granted bail to the petitioner in a theft case, ordering his release on a bond of Rs. 10,000 with two sureties, subject to conditions to appear in trial and not tamper with evidence.
Petitioner released on bail on bond of Rs. 10,000 with two sureties subject to conditions.
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.36019 of 2022
Arising Out of PS. Case No.-22 Year-2022 Thana- GOH District- Aurangabad
======================================================
RAHUL KUMAR SON OF UPENDRA YADAV R/O VILLAGE- KARMA MASOOD, P.S.- RAFIGANJ, DISTRICT- AURANGABAD
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Akshay Lal Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 07-09-2022
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 Goh P.S. Case No. 22 of 2022 registered for the offences punishable under Section 379 of the Indian Penal Code.
As per prosecution case, the motorcycle of the informant was stolen by unknown person. Hence, the FIR has been lodged against unknown.
Learned counsel for the petitioner submits that petitioner is not named in the FIR and during course of investigation, petitioner was arrested in Rafiganj P.S. Case No. 74 of 2022 and made his confessional statement at para 52 of
Patna High Court CR. MISC. No.36019 of 2022(2) dt.07-09-2022 2/3
the case diary and on the basis of confessional statement of petitioner, stolen motorcycle was recovered from possession of co-accused Yogesh Yadav, as mentioned in the impugned order. Learned counsel further submits that petitioner is in custody since 20.04.2022 and bears criminal antecedent of one case.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both parties 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 S.D.J.M., Daudnagar, Aurangabad in connection with Goh P.S. Case No. 22 of 2022, 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) 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.
Patna High Court CR. MISC. No.36019 of 2022(2) dt.07-09-2022 3/3
(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)
shahzad/alok
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in connection with the theft case.
What are the conditions for granting bail considering the petitioner's custody and antecedents.
1 provisions across 1 enactments
Rahul 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
