The High Court granted bail to the petitioner accused of theft and criminal mischief under the IPC in Bihariganj P.S. Case No. 25 of 2023, directing him to cooperate in the trial.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties, subject to conditions including cooperation in the trial.
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.34290 of 2023
Arising Out of PS. Case No.-25 Year-2023 Thana- BIHARIGANJ District- Madhepura
======================================================
BAJRANG KUMAR Son of Late Gholat Sahni Resident of Village - Bihariganj, P.S.- Bihariganj Ward No.- 10, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bam Bahadur Jha For the Opposite Party/s : Mr.Renu Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 07-07-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Bihariganj P.S. Case No. 25 of 2023 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code.
As per prosecution case, one of the miscreants who happened to be the petitioner, apprehended on the spot and two other persons succeeded in fleeing away from the place of occurrence. It is further alleged that grocery items worth Rs. 20,000/- as well as Rs. 5000/- in cash were stolen by the miscreants from the shop of the informant.
Learned counsel for the petitioner submits that petitioner is in custody since 29.01.2023 and bears criminal
Patna High Court CR. MISC. No.34290 of 2023(2) dt.07-07-2023 2/3
antecedent of one case which is not similar to the present case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Petitioner is quite innocent and has committed no offence as alleged against him in FIR and he has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on 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 S.D.J.M., Uda Kishanganj in connection with Bihariganj P.S. Case No. 25 of 2023, 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.
Patna High Court CR. MISC. No.34290 of 2023(2) dt.07-07-2023 3/3
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, 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)
alok/-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail in the facts and circumstances of the case despite the charge sheet submission?
Bairang Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
