Granting bail to the petitioner in a theft case based on concluded investigation, no loss caused to the victim, and his custody duration.
Petitioner released on bail on Rs. 20,000 with two sureties of like amount each to the Additional Chief Judicial Magistrate-cum-Railway Court, Patna.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55458 of 2021
Arising Out of PS. Case No.-18 Year-2021 Thana- DANAPUR RAIL P.S. District- Patna
======================================================
Ranjit Kumar, S/O Late Ram Janam Yadav, R/O Aajama Bathani, P.S.Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
3 15-04-2022
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard learned counsel for the petitioner and learned APP for the State through video conferencing.
The petitioner seeks regular bail, who is in custody in connection with Danapur (Bihta) Rail P.S. Case No. 18 of 2021 for the offences punishable under Sections 379, 411, 414 of the Indian Penal Code.
As per the prosecution case, it is alleged that while the informant was getting off the train, his mobile phone has been stealthy taken away. Thereafter he raised hulla, where after this petitioner was caught and from his possession stolen mobile was recovered.
Patna High Court CR. MISC. No.55458 of 2021(3) dt.15-04-2022 2/3
It is submitted on behalf of learned counsel for the petitioner that the mobile, in question, was not stolen, but in fact the same was found abandoned at platform, which was picked up by the petitioner, but he has been apprehended by the police on suspicion. However, soon thereafter the mobile was handed over to the informant. It is further submitted that this petitioner is in custody since 21.02.2021, though the investigation has already been concluded and charge-sheet has also been submitted, apart from the fact that the mobile has been handed over to the owner of the mobile. Learned counsel for the petitioner submits that a supplementary affidavit has been filed on 13.04.2021 explaining the criminal antecedent of the petitioner and it has been submitted that the petitioner has been found involved in four other cases, apart from the present case.
On the other hand, learned APP for the State opposes the prayer for bail of the petitioner and submits that this petitioner has been found involved in similar kind of other criminal case.
Having considered the submissions made on behalf of the parties and taking into consideration this fact that the petitioner is in custody since 21.02.2021 and the investigation has already been concluded and the charge-sheet has also been
Patna High Court CR. MISC. No.55458 of 2021(3) dt.15-04-2022 3/3
submitted in the present case, apart from the fact that no loss has been caused to the owner of the mobile (informant), let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Railway Court, Patna in connection with Danapur (Bihta) Rail P.S. Case No. 18 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of the trial. (ii) He will remain present on each and every date of trial till disposal of the case. (iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J)
uday/-
1 issue framed by the court
Whether the petitioner should be granted bail after the conclusion of investigation and charge-sheet filing in a theft case.
Ranjit Kumar
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
