Single judge order rejecting prisoner's bail application in PC-392 QD burglary case where looted property was recovered from his possession.
Bail application rejected; petitioner may renew prayer after six months.
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.36195 of 2022
Arising Out of PS. Case No.-53 Year-2022 Thana- KHIJARSARAI District- Gaya
======================================================
SUBHASH KUMAR S/o Manoj Kumar Resident of Ramna Bigha, Harma, P.S.- Khizarsarai, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dharmendra Kumar Sinha For the Opposite Party/s : Mrs.Dr. Indiwar Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 17-10-2022
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 Khizarsarai P.S. Case 53/2022, registered for the offence punishable under Section 392 of the Indian Penal Code.
As per prosecution case, informant alongwith his brother-in-law were going to village-Bakthar to attend Barat but in the way the petitioner and others accused persons surrounded them and snatched motorcycle key, wrist watch and Rs.1100/from them.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.36195 of 2022(2) dt.17-10-2022 2/2
case due to village politics. The petitioner is languishing in custody since 09.02.2022 and bears criminal antecedent of 06 cases in which he is on bail in all cases. There is no compliance of Section 100 Cr.P.C.
The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that looted watch has been recovered from the possession of the petitioner.
Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner and material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.
However, the petitioner may renew prayer for bail after six months, if there is no substantial progress in trial within stipulated period.
(Alok Kumar Pandey, J)
amitkumar/-
U
2 issues framed by the court
Whether bail should be granted to the petitioner accused of culpable homicide not amounting to murder.
Whether the recovery of the stolen wrist watch from the petitioner's possession warrants rejection of the bail prayer.
1 provisions across 1 enactments
Subhash 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
