The court granted regular bail to the petitioner in a Section 392 IPC theft case, noting the absence of recovered stolen goods or additional evidence beyond a confessional statement, subject to attendance conditions.
Petitioner released on bail on furnishing bond of Rs. 25,000 with two sureties of like amount each.
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.41215 of 2021
Arising Out of PS. Case No.-399 Year-2019 Thana- PAKRIDAYAL District- East Champaran
======================================================
SATENDRA RAM Son of Keshwar Ram Resident of Village - Thikaha Bankat, P.S- Pakridayal, Distt.- East Champaran.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 31-01-2022
Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Md. Aslam Ansari, learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Pakridayal PS Case No. 399/2019 registered for the offence punishable under Section 392 of the IPC.
As per prosecution case, three unknown miscreants intercepted the informant and looted away his mobile phone, a bag containing Rs. 36,700/-, passbook, ATM Card, Cheque book etc., on the gun point.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as he was arrested in Chiraiya (Shikarganj) PS Case No. 17/2020 and on the basis of his inculpatory confessional statement, he has been remanded in the present case. Learned counsel next
Patna High Court CR. MISC. No.41215 of 2021(2) dt.31-01-2022 2/3
submits that no looted article and or incriminating material has been recovered from the possession of the petitioner and he has not been put on test identification parade by the police. Except inculpatory confessional statement made before the police, no other material has come against the petitioner during course of investigation.
He next submits that petitioner is in custody since 31.08.2020 and the charge-sheet has been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no looted article and or incriminating material has been recovered from the possession of the petitioner, except his confessional statement no other material has come against the petitioner during course of investigation, petitioner is in custody since 31.08.2020 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
Accordingly, let the petitioner, SATENDRA RAM be released on bail on furnishing bail bond of Rs. 25,000/-
Patna High Court CR. MISC. No.41215 of 2021(2) dt.31-01-2022 3/3
(Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pakridayal PS Case No. 399/2019.
(Anil Kumar Sinha, J)
perwez
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail being falsely implicated in theft case on account of lack of recovery of stolen articles and no other incriminating material apart from his confessi
1 provisions across 1 enactments
SATENDRA RAM
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
