High Court granted bail to petitioner accused of theft and snatching under Section 392 IPC, directing release on bond with sureties after framing of charge, noting affidavits of improbability of prosecution story and prior acquittal.
Petitioner directed to be released on bail by furnishing bond of Rs. 25,000 with two sureties after framing of charge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4636 of 2022
Arising Out of PS. Case No.-177 Year-2021 Thana- DAUDPUR District- Saran
======================================================
Rajiv Kumar Singh, S/o Akhlesh Singh @ Akhilesh Singh, Resident of Village - Cheful, P.S. - Manjhi, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr.Parmanand Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 09-06-2022
Heard learned counsel for the petitioner and learned
APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today.
In the present case, the petitioner seeks bail in connection with Daudpur P.S. Case No. 177 of 2021 registered for the alleged offences under Section 392 of the Indian Penal Code.
The allegation against the petitioner is that he and other co-accused persons riding on a motorcycle snatched away ‘Kurta’ of the informant in which he has kept Rs.1,27,000/- and a mobile phone.
It has been submitted by the learned counsel for the petitioner that the prosecution story is highly improbable as no
Patna High Court CR. MISC. No.4636 of 2022(2) dt.09-06-2022 2/3
one will keep such a huge amount of money in his ‘Kurta’ carrying on his shoulder. There is previous enmity between the petitioner and the informant and due to this reason, the informant has named the petitioner as an accused person in this case. Nothing incriminating has been recovered from the possession of the petitioner, who is in custody since 28.10.2021. Regarding the criminal antecedents, learned counsel for the petitioner has submitted that in one of the cases, the petitioner has been acquitted and in four other cases, he has been granted bail.
Learned APP has opposed the prayer for bail, submitting that the petitioner is a habitual offender and he was identified by the informant during the occurrence and has been named in the FIR.
Having regard to the submission made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saran at Chapra/court concerned in connection with Daudpur P.S. Case No.177 of 2021, subject to the following conditions :
Patna High Court CR. MISC. No.4636 of 2022(2) dt.09-06-2022 3/3
(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner, preferably one of the parents.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in connection with charges under Section 392 IPC given improbability of prosecution story and prior acquittals versus dangerous criminal antecedents.
Whether bail can be granted subject to conditions including framing of charge and absolute suretyship.
Rajiv Kumar Singh
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
