The Patna High Court granted bail to the petitioner in a theft case under IPC Sections 379, 461, 411, 413, and 414. The Court ordered his release on a bond of Rs. 20,000 with two sureties, subject to conditions including cooperation in trial and presence in court.
Release on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount.
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.64372 of 2021
Arising Out of PS. Case No.-810 Year-2020 Thana- BETTIAH CITY District- West
Champaran
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VIKASH KUMAR SON OF BIRENDRA SAH @ BIRENDRA PATEL, R/O VILLAGE- NAVRANGABAG WARD NO.-33, P.S.- BETTIAH TOWN, DISTRICT- WEST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
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CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 2 12-01-2022 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the
offence punishable under Sections 461 and 379 of the Indian Penal Code and later on Sections 411, 413 and 414 of the Indian Penal Code were also added.
Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with liberty to the petitioner to renew his prayer for bail after framing of charges.
FIR has been lodged by shop-owner against unknown thieves alleging that 66 pieces of smartphone amounting to Rs.7,70,000/- and mobile accessories worth Rs.50,000/- have been stolen from his shop in the night of 18.12.2020.
Patna High Court CR. MISC. No.64372 of 2021(2) dt.12-01-2022 2/3
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion and no stolen article has been recovered from his possession and so-called recovered articles has never been put on TIP to be identified by the informant. Charges has been framed against the petitioner on 30.09.2021. Similarly placed co-accused Noor Mohammad Khan @ Noor Md. Khan has already been granted bail by a co-ordinate Bench of this Court vide order dated 22.11.2021 passed in Cr. Misc. No.27910 of 2021. Petitioner is in custody since 22.12.2020.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No.379 of 2021 arising out of Bettiah Town P.S. Case no. 810 of 2020, with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date
Patna High Court CR. MISC. No.64372 of 2021(2) dt.12-01-2022 3/3
fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
Sanjay/-
U T
2 issues framed by the court
Whether the petitioner is eligible to be released on bail with sureties in a theft case involving NI Act offences.
What terms and conditions must be imposed on the petitioner to ensure cooperation in the trial.
2 provisions across 1 enactments
Vikash Kumar Son of Birendra Sah
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
