In Cr. Misc. No. 17781 of 2023, the Patna High Court allowed the petitioner's application for regular bail in connection with Madhubani (Town) P.S. Case No. 468 of 2022, directing furnishing of a bail bond of Rs. 20,000 with two sureties each.
Petitioner enlarged on bail by furnishing bond of Rs. 20,000 with two sureties of like 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.17781 of 2023
Arising Out of PS. Case No.-468 Year-2022 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Ram Nath Thakur @ Ram Nath Mahto Son Of Om Prakash Mahto @ Om Mahto R/O Maharajganj, Ward No. 13, P.S- Madhubani Town DistMadhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 02-08-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2 . Heard learned counsel for the petitioner and learned A.P.P for the State.
3 . The petitioner has preferred this application for grant of regular bail in connection with Madhubani (Town) P.S. Case No. 468 of 2022 dated 28.11.2022 registered for the offences u/ss 461 and 379 of the Indian Penal Code.
4 . As per the prosecution case, some unknown miscreants looted four mobiles, one tablet, 10 silver coins, Rs. 6,09,715/- in cash and other articles after breaking the lock of the informant's shop.
5 . Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.17781 of 2023(3) dt.02-08-2023 2/2
the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Shambhu Paswan. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 05.05.2023 passed in Cr. Misc. No. 13717 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.12.2022.
6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Madhubani (Town) P.S. Case No. 468 of 2022.
8 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail for offences under ss 461 and 379 IPC.
Whether the petitioner's clean antecedents and false implication support grant of bail over prosecution opposition.
1 provisions across 1 enactments
Ram Nath Thakur @ Ram Nath Mahto
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
