Oral order granting statutory bail to the petitioner in a theft case, subject to conditions and furnishing a bail bond of Rs. 10,000 with sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45241 of 2022
Arising Out of PS. Case No.-81 Year-2021 Thana- JAYNAGAR District- Madhubani
======================================================
RAHUL KUMAR YADAV S/O MANOJ KUMAR GHOSH Resident of village- Usrahi, Ward No.- 4, P.S.- Deodha, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Saroj Kumar For the Opposite Party/s : Mr.Satyendra Narayan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 09-12-2022
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 Jainagar P.S. Case No. 81 of 2021 registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code.
As per prosecution case, informant’s motorcycle was stolen by unknown person and the FIR has been lodged against unknown.
Learned counsel for the petitioner submits that petitioner is in custody since 05.04.2021. Petitioner bears criminal antecedent of six cases in which he is on bail in all
Patna High Court CR. MISC. No.45241 of 2022(2) dt.09-12-2022 2/3
cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner submits that petitioner is not named in FIR. The name of the present petitioner has been surfaced in this case upon the confessional statement of coaccused Naresh Kumar Sahni @ Gajani. Nothing has been recovered from the conscious possession of petitioner and the alleged motorcycle has been recovered from the co-accused Naresh Kumar Sahni, as mentioned in impugned order. Coaccussed Naresh Kumar Sahni @ Gajani has already been granted bail vide Cr. Misc No. 3946 of 2022 by co-ordinate bench of this court and the case of present petitioner stands on better footing.
The learned A.P.P. for the State vehemenlty opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, nothing has been recovered from the conscious possession of the petitioner, as submitted, co-accused person has already been granted bail by co-ordinate bench of this court, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into
Patna High Court CR. MISC. No.45241 of 2022(2) dt.09-12-2022 3/3
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 Chief Judicial Magistrate, Madhubani in connection with Jainagar P.S. Case No. 81 of 2021, 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.
(Alok Kumar Pandey, J)
alok/-
U T
1 issue framed by the court
Whether bail should be granted to the accused in the investigation of a theft case.
1 provisions across 1 enactments
Rahul Kumar Yadav
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
