Single-judge oral order granting regular bail to the petitioner charged under Sec. 392 IPC for theft, citing weak implication and recovery, due to delayed trial from pandemic.
Petitioner Raja Yadav released on bail bond of Rs. 20,000 with two sureties on similar amount to C.J.M., Vaishali.
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.46521 of 2021
Arising Out of PS. Case No.-150 Year-2020 Thana- GANGABRIDGE District- Vaishali
======================================================
RAJA YADAV @ PRINCE KUMAR Son of Sanjay Ray Resident of village - Gardania Chowk, P.S. Hazipur Town, District - Vaishali, Bihar... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Prashant Kumar, Adv For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 08-02-2022
Heard Mr. N.K. Agrawal, learned senior counsel for
the petitioner and Mr. Kumar Veerendra Narayan, Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Gangabridge PS Case No. 150/2020 registered for the offence punishable under Section 392 of the IPC.
The allegation in a nutshell is that while the informant was sleeping in his Bolero vehicle near Ganga Bridge, upon which, shuttering materials were loaded, two unknown persons arrived there and on the point of pistol looted away his vehicle along with mobile phone and cash of Rs. 4000/-.
Learned senior counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of recovery of 12 wooden plank/shuttering materials from the house of the petitioner and except this, nothing has been recovered from the possession of petitioner. He further submits that the
Patna High Court CR. MISC. No.46521 of 2021(2) dt.08-02-2022 2/2
wooden plank is an article which can be found in any household. Petitioner has not been put on TIP and he is in custody since 28.03.2021. Charge-sheet has also been submitted in the matter.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that only wooden plank/shuttering material from the house of the petitioner has been recovered and except this, nothing has been recovered from the possession of petitioner and further he is in custody since 28.03.2021, charge-sheet has also been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, RAJA YADAV @ PRINCE KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, Hajipur in connection with Gangabridge PS Case No. 150/2020.
(Anil Kumar Sinha, J)
perwez
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with theft.
Raja Yadav @ Prince 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
