Allowed the bail petition of Prakash Thakur in a case for theft and snatching. The High Court directed his release on a bond with conditions, noting the submitted charge-sheet and lack of likelihood of evidence tampering.
Petitioner released on bail bond of Rs. 10,000 /- with two sureties of like amount subject to conditions of presence and no tampering.
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.9646 of 2022
Arising Out of PS. Case No.-406 Year-2020 Thana- JOGAPATTI District- West Champaran
======================================================
PRAKASH THAKUR SON OF SURESH THAKUR R/O VILLAGE- SIKTA KALA, P.S.- SHANICHARI, DISTRICT- WEST CHAMPARAN
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr.Arun Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 06-07-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Yogapatti P.S. Case No. 406 of 2020 registered for the offences punishable under Section 392 of the Indian Penal Code.
As per prosecution case, the informant is Manager in Bharat Finance Company and he was returning after collecting money and when he reached to the place of occurrence, he saw one person who was sitting on bridge and two persons started following him and overtook with Apache motorcycle and surrounded him and took key of motorcycle and cash bag containing Rs. 112352/- from the dicky of the
Patna High Court CR. MISC. No.9646 of 2022(2) dt.06-07-2022 2/3
motorcycle. It is further alleged that one gold locket and Rs. 800/- was also snatched from the informant along with other articles.
Learned counsel for the petitioner submits that petitioner is in custody since 21.06.2021. Petitioner bears criminal antecedent of three cases. Charge-sheet has already been submitted in the case and there is no likelihood of tampering the prosecution evidence. Learned counsel further submits that the petitioner was not apprehended at the place of occurrence. The F.I.R. was lodged against unknown. Looted article was not recovered from the possession of the petitioner. Petitioner was not put on TIP till now. The name of the petitioner sprang up on his own confessional statement when the petitioner was apprehended in Yogapatti P.S. Case No. 144 of 2021. Nothing was found on record to demonstrate that the present petitioner is alleged to have participated in alleged occurrence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge-sheet has already been submitted and also taking into consideration the material available on
Patna High Court CR. MISC. No.9646 of 2022(2) dt.06-07-2022 3/3
record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 406 of 2020, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
shahzad/amit
U T
2 issues framed by the court
Whether the petitioner should be granted bail pending trial in a case involving theft and snatching.
Whether the petitioner's criminal antecedents and custody period preclude relief in light of the submitted charge-sheet.
1 provisions across 1 enactments
Prakash Thakur
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
