The Patna High Court granted anticipatory bail to the petitioner regarding a theft case where items were recovered, emphasizing the need to release him on bail upon arrest under specific conditions.
The petitioner is granted the benefit of anticipatory bail; if arrested, he shall be released on bail subject to conditions under Section 438(2) Cr.P.C.
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.54084 of 2021
Arising Out of PS. Case No.-126 Year-2021 Thana- SABAUR District- Bhagalpur
======================================================
Mangal Kumar Son Of Vivekanand Singh @ Babban Resident Of Arya Tola, Sabour, P.S- Sabour, Dist- Bhagalpur
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Tarun Prasad Mandal For the Opposite Party/s : Mr.Rabindra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 18-02-2022
Heard both the parties through video conferencing.
The petitioner seeks bail in anticipation of his arrest in connection with Sabour P.S. Case No.126 of 2021 instituted for the offences under Sections 379 and 414/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the informant has cast a doubt of theft on the petitioner and the petitioner has also been named by other co-accused. The said items which was stolen has been recovered from a yard. The petitioner is a next door neighbour of the informant and the case has falsely been registered against him.
I have considered the submission.
Taking into consideration the nature of allegation and
Patna High Court CR. MISC. No.54084 of 2021(2) dt.18-02-2022 2/2
the offence committed and the recovery has already been made, I am inclined to grant benefit of anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
amit/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges of theft.
1 provisions across 1 enactments
Mangal Kumar
The State Of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
