The Patna High Court granted bail to the petitioner in a theft case where a motorcycle was recovered in front of his house, directing him to furnish a bail bond and cooperate in the trial.
Release on bail upon furnishing a bond of Rs. 25,000 with two sureties of like amount to the District Magistrate.
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.47261 of 2022
Arising Out of PS. Case No.-112 Year-2022 Thana- KARPI District- Jehanabad
======================================================
Chintu Kumar age-19 years Male Son of Binod Saw, Resident of Village - Tera Pachkesar P.S.- Karpi, Distt.- Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar No1, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 07-12-2022
Heard learned counsel appearing on behalf of the
Let the defect(s) be removed within two weeks of the
complete start of the physical Court in normal course.
Petitioner who is in custody since 27.05.2022 seeks regular bail in connection with Karpi P.S. Case No. 112 of 2022 registered for offences punishable under Sections 379 of the Indian Penal Code later on Sections 411/34 of I.P.C. has been added.
Prosecution case in brief is that the motorcycle of the informant was found missing and on search, it was found in front of the house of the petitioner.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Motorcycle was recovered very
Patna High Court CR. MISC. No.47261 of 2022(2) dt.07-12-2022 2/3
next day of lodging of the F.I.R. There is no eye-witness to the alleged incidence. He further submits that petitioner has clean antecedent and he is in custody since 27.05.2022. On these grounds, petitioner seeks to be released on bail.
Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.
Considering the nature of allegation made in the F.I.R., the motorcycle has already been recovered and there is no likelihood of trial being concluded in near future, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.- 1st Class Arwal in connection with Karpi P.S. Case No. 112 of 2022 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.47261 of 2022(2) dt.07-12-2022 3/3
to move for cancellation of bail of the petitioner.
(iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
Petitioner is directed to remove all the defect(s) as pointed out by the Stamp Reporter within two weeks’ and thereafter, registry shall communicate the order to the Court below forthwith.
(Purnendu Singh, J)
Niraj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail pending trial in connection with offences under sections 411 and 34 of the Indian Penal Code.
1 provisions across 1 enactments
CHINTU KUMAR
THE STATE OF BIHAR
PURNENDU SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
