Oral order granting regular bail to the petitioner in a theft and robbery charge case. The High Court considered the lack of recovered articles and release of similarly situated co-accused as grounds for bail.
Petitioner released on regular bail on furnishing bond of Rs. 20,000 with two sureties of like 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.39222 of 2021
Arising Out of PS. Case No.-185 Year-2020 Thana- BIHPUR District- Bhagalpur
======================================================
VIKASH KUMAR Son of Sunil Mandal Resident of Village - Pakkisarai, P.S.- Ghogha, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mrs. Pronoti Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 21-01-2022
Heard learned counsel for the parties through video conferencing.
Petitioner seeks regular bail in connection with Bihpur (Jhandapur) P.S. Case No. 185 of 2020 registered for the offence punishable under Sections 379 of the I.P.C. and later on Section 395 of the I.P.C. was added.
The allegation as per the First Information Report is that some unknown thieves stolen the tractor of the informant while the informant after parking the same on the road side went to attend nature’s call.
Learned counsel for the petitioner submits that petitioner is not named in the First Information Report and subsequently Section 395 of the I.P.C. has been added on the basis of the re-statement of the informant recorded by the
Patna High Court CR. MISC. No.39222 of 2021(2) dt.21-01-2022 2/3
Investigating Officer in which he has changed earlier prosecution story by stating that six accused persons arrived on their Bolero vehicle and pulled the informant out from his tractor and kept him in the Bolero vehicle and fled away with the informant’s tractor. Learned counsel next submits that name of the petitioner transpired on the basis of confessional statement of the petitioner in Industrial P.S. Case No. 48 of 2020. The petitioner was put on T.I. Parade however he was not identified by the informant as stated in paragraph no. 13 of this bail application. Learned counsel next submits that no looted article and / or incriminating material has been recovered from the possession of the petitioner and he is in custody since 22.01.2021. Learned counsel also submits that similarly situated co-accused namely, Gautam Kumar in Cr. Misc. No. 36417 of 2021 and Rahool Kumar Sah in Cr. Misc. No. 33574 of 2021 have been granted bail by this Court.
Regards being had to the submissions made by the parties and taking into consideration the material on record, the fact that no looted article has been recovered from the possession of the petitioner, he is in custody since 22.01.2021, charge-sheet has already been submitted and similarly situated co-accused have been granted bail by this Court, I am inclined
Patna High Court CR. MISC. No.39222 of 2021(2) dt.21-01-2022 3/3
to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st , Naugachia in connection with Bihpur (Jhandapur) P.S. Case No. 185/2020 on the following condition:-
(i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail considering no recovery of stolen property and similar co-accused granted bail.
Vikash Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
