Single judge order granting bail to petitioner post-framing of charges in a Section 392 IPC theft case, citing co-accused bail and lack of tampering risk.
Petitioner released on bail after framing of charge on furnishing Rs. 10,000 bond with two sureties of equal 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.40968 of 2022
Arising Out of PS. Case No.-10 Year-2022 Thana- LAURIA District- West Champaran
====================================================== PRADEEP KUMAR SON OF YOGENDRA RAM R/O VILLAGEBELAWA PAKADIA, P.S.- JAGDISHPUR, DISTRICT- WEST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Jitendra Narain Sinha For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 23-11-2022
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 Lauriya P.S. Case No. 10 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.
As per prosecution case, the informant’s tractor has been taken away by three or four miscreants. FIR has been lodged against three or four unknown person.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. He further submits that petitioner was apprehended in Paharpur P.S. Case No. 18 of
Patna High Court CR. MISC. No.40968 of 2022(3) dt.23-11-2022 2/4
2022 and thereafter after recording the confession, the petitioner has been remanded one after another in five cases and in all cases petitioner was not named in the FIR. He further submits that on similar and identical allegation co-accused Anil Kumar has already been granted bail by the co-ordinate Bench of this court vide Cr. Misc. No. 38156 of 2022. Petitioner bears criminal antecedent of five cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. No incriminating article has been recovered from possession of the petitioner. No TIP was conducted.
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, co-accused has already been granted bail, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.40968 of 2022(3) dt.23-11-2022 3/4
satisfaction of learned Additional Chief Judicial Magistrate, 1st , Narkatiaganj, West Champaran in connection with Lauriya P.S. Case No. 10 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.
(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.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month.
(v) Petitioner shall not leave the territorial jurisdiction of the concerned trial court without appropriate permission of the court concerned.
(vi) However, if petitioner violates any of the
Patna High Court CR. MISC. No.40968 of 2022(3) dt.23-11-2022 4/4
conditions enumerated above, the trial court shall be at liberty to
cancel the bail bond of the petitioner.
(Alok Kumar Pandey, J)
shahzad/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail after the framing of charges considering he was not named in the original FIR.
Whether the release on bail is appropriate despite the petitioner having criminal antecedents.
1 provisions across 1 enactments
Pradeep 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
