In a criminal miscellaneous petition for regular bail, the Patna High Court directed the enlargement of the petitioner on bail bond with two sureties for offences under Section 392 IPC involving theft.
Petitioner enlarged on bail with bond of Rs. 25,000 and two sureties of the like amount.
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.50205 of 2022
Arising Out of PS. Case No.-202 Year-2021 Thana- MALSALAMI District- Patna
======================================================
Akash kumar s/o sri jitendra prasad resident of mohalla- simli, chhoti mandir, p.s.- Malsalami, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Satya Narayan Prasad, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
3 21-12-2022
Heard Mr. Satya Narayan Prasad, learned counsel
appearing on behalf of the petitioner and Mr. Anand Kishore Choudhary, learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Malsalami P.S. Case No. 202 of 2021, for the offence punishable under Sections 392 of the Indian Penal Code.
The F.I.R. of the occurrence of theft is against unknown. The name of the petitioner surfaced in the present case on the basis of confessional statement of co-accused.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and and nothing was recovered from the possession of the petitioner. The article and an amount of Rs. 2,200/- only was recovered from his house. The petitioner has remained in custody since 14.09.2021 and no
Patna High Court CR. MISC. No.50205 of 2022(3) dt.21-12-2022 2/3
T.I.P has been conducted. The charge-sheet has already been submitted.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the allegation made in the F.I.R., which is against unknown person, without going into the merits of the present bail application, the petitioner above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/(Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Patna City, Patna in connection with Malsalami P.S. Case No. 202 of 2021, subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature
Patna High Court CR. MISC. No.50205 of 2022(3) dt.21-12-2022 3/3
of offence, after his release on bail, the trial Court shall take
steps to cancel his bail bonds.
(Purnendu Singh, J)
aditya/minu
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with the theft case.
Akash Kumar
The State of Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
