Single-judge oral order granting bail to Ravi Kumar in a theft case (IPC 380, 34) pending before the court below, requiring release within eight weeks upon arrest.
Petitioner directed to be released on bail within eight weeks by furnishing security bonds and appearing before the court below.
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.53979 of 2021
Arising Out of PS. Case No.-503 Year-2020 Thana- GARDANIBAG District- Patna
======================================================
RAVI KUMAR, S/O SURAY DEV PRASAD @ SURAY DEV RESIDENT OF MUHALLA- WEST SHIVPURI, GANESH BABU M.P. SAHEB LANE, RENTER OF MUNNA PRASAD JEE, P.S.- GARDANIBAGH, DISTRICTPATNA.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Uday Narayan Singh For the Opposite Party/s : Ms. Asha Devi ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 06-06-2022
Heard the learned counsel for the petitioner and
the State.
The petitioner, namely, Ravi Kumar, seeks bail apprehending his arrest, in connection with Gardnibagh P. S. Case No. 503 of 2020, registered for the offences punishable under Sections 380 and 34 of the Indian Penal Code.
As per the allegation levelled in the F.I.R., the petitioner stole jewelries and cash of Rs. 85,000/- from the Almirah kept at the first floor of her house.
The learned counsel for the petitioner submits that
the case has been lodged only on basis of suspicion and
Patna High Court CR. MISC. No.53979 of 2021(2) dt.06-06-2022 2/3
there is no eye-witness of the occurrence. He further submits that nothing has been recovered from the conscious possession of the petitioner.
It is also stated in paragraph no. 2 of the petition that no similar petition has been earlier filed by the petitioner either before this Court or before Hon'ble Apex Court.
It has further been stated that the petitioner has
no criminal antecedent.
However, the learned APP for the State has
opposed the prayer for bail.
Considering the afore-stated facts and
circumstances, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge, XIV, Patna, in connection with Gardanibagh P. S. Case No. 503 of 2020, subject to the conditions as laid down under Section 438 (2)
Patna High Court CR. MISC. No.53979 of 2021(2) dt.06-06-2022 3/3
Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly.
The learned counsel for the petitioner is directed to
remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J)
skm/-
U T
3 issues framed by the court
Whether bail should be granted to Ravi Kumar in a theft case within eight weeks.
Whether non-recovery of stolen property warrants the release of the accused on bail.
Whether lack of prior criminal antecedents supports the grant of anticipatory bail.
3 provisions across 2 enactments
Ravi Kumar
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
