The High Court of Patna granted regular bail to the petitioner, a student facing trial for theft-related offences, considering bail granted to co-accused and his academic career.
Petitioner released on bail on furnishing a bond of Rs.10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63805 of 2022
Arising Out of PS. Case No.-39 Year-2022 Thana- ARA RAIL P.S. District- Bhojpur
======================================================
Sagar Kumar Ravidas S/O Umesh Ravidas R/O Village- Mahrajpur Naya Tola, P.S- Talghari, District- Sahebganj (Jharkhand)
... ... Petitioner/s
Versus
2 07-12-2022
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
... ... Opposite Party/s
The learned counsel for the petitioner is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Ara Rail P.S. Case No. 39 of 2022 registered for the offences punishable under Sections 379, 411, 414 and 34 of the Indian Penal Code.
As per the prosecution, while the informant along with other police personnel were on a regular patrolling duty apprehended this petitioner with other co-accused persons from the alleged house and upon making search from the possession
Patna High Court CR. MISC. No.63805 of 2022(2) dt.07-12-2022 2/3
of this petitioner five mobile phones were recovered.
The main submissions advanced by the learned counsel Mr. Surendra Kumar Singh appearing for the petitioner are that the petitioner earlier preferred Cr. Misc. No.32226 of 2022 for a relief of regular bail which was rejected by this Bench vide order passed on 26.08.2022 and now the petitioner has again come before this Court for the same relief on three new circumstances, firstly three co-accused persons carrying similar nature of allegation have been granted bail by this Bench as well as different Benches of this Court vide orders passed in Cr. Misc. Nos.31645 of 2022, 34641 of 2022 and 35251 of 2022 and the second circumstance is that after the rejection of petitioner’s earlier prayer charge has been framed upon him and the last circumstance is that in the present time he is facing trial. Further submission is that the petitioner is a student having clean antecedent and his trial is at initial stage and keeping him behind the bars will ruin his academic career.
Learned APP Mr. Ram Naresh Ray appearing for the State has opposed the bail prayer.
In view of above submissions and mainly considering the privilege of bail to co-accused persons carrying similar nature of allegation having been granted by co-ordinate Bench
Patna High Court CR. MISC. No.63805 of 2022(2) dt.07-12-2022 3/3
of this Court vide order passed in above-mentioned Cr. Misc. cases and also the fact that upon the petitioner charges have been framed and his trial is at initial stage and considering his academic carrer, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Ara Rail P.S. Case No. 39 of 2022.
(Shailendra Singh, J.)
sangam/-
U T
3 issues framed by the court
Whether the petitioner is entitled to regular bail given the arrest, recovery of stolen property, and framing of charges.
Whether Grant of bail to co-accused persons justifies a lenient approach for the petitioner.
Whether the petitioner's status as a student facing trial at an initial stage warrants release on bail.
1 provisions across 1 enactments
Sagar Kumar Ravidas
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
