Single-judge oral order denying bail to the petitioner in a police complaint case involving Section 420 IPC and allied offences, citing recovery of stolen vehicles from his home and his history of eight similar cases.
Prayer for bail rejected and petitioner denied release.
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.6163 of 2022
Arising Out of PS. Case No.-309 Year-2020 Thana- CHAPRA TOWN District- Saran
======================================================
Tutu Rai S/o- Lalu Rai Resident of Village - Chhota Telpa, P.S. - Chapra Town (Nagar), District - Saran at Chapra.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh For the Opposite Party/s : Mr.Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 17-05-2022
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Chapra Town (Nagar) P.S. Case No. 309 of 2020, registered for the offence punishable under Section 420 and other allied sections of the Indian Penal Code.
As per the prosecution case, for recovery of stolen vehicles one co-accused Vicky Kumar Gupta was arrested and upon his disclosure several place were raided and sotlen vehicles were recovered. Four motorcycles were recovered from the house of this petitioner.
It is submitted on behalf of the petitioner that no incriminating article has been recovered from his possession of
Patna High Court CR. MISC. No.6163 of 2022(3) dt.17-05-2022 2/2
petitioner. Recovery has been made from house of this petitioner which is in joint possession of the family. Petitioner is in custody since 24.11.2021.
Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is habitual offender and he is accused in as many as eight cases of similar nature.
Considering the facts aforesaid and criminal antecedent, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/- U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail considering the recovery of stolen vehicles from his residence and his criminal antecedents.
Whether the petitioner's status as a habitual offender warrants rejection of the bail application.
1 provisions across 1 enactments
Tutu Rai
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
