The High Court at Patna granted bail to the petitioner in a case of theft and looting involving the use of a pistol. He was directed to furnish sureties and abide by standard bail conditions.
Petitioner to be enlarged on bail on furnishing surety bonds of Rs. 10,000 each with conditions of availability and non-interference.
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.36436 of 2023
Arising Out of PS. Case No.-158 Year-2022 Thana- BHAGWAN BAZAR District- Saran
======================================================
Shubham Chaurasiya S/O Vinod Chaurasiya R/O Village- Sirsiya No. 1, P.SRampur Karkhana, Dist.-Deoria (U.P)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shanti Bhushan Singh For the Opposite Party/s : Mr. Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 05-07-2023 Heard Ld. counsel for the petitioner and Ld. APP
for the State.
The petitioner seeks bail in connection with
Bhagwan Bazar P.S. Case No. 158 of 2022, registered for the offences punishable under Section 395 of the Indian Penal Code.
The prosecution case as emerging from the FIR is that on 28.03.2022 at about 02:10 P.M. six unknown miscreants entered into the shop of the informant and looted away ornaments of diamond and gold from the drawers and showcase on the point of pistol.
Ld. counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36436 of 2023(2) dt.05-07-2023 2/4
petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the FIR and no recovery has been made from the conscious possession of the petitioner. He also submits that no TIP has been conducted till date. He further submits that
other accused persons, namely, Anurag Singh, Raju Kumar, Sachidanand Yadav and Shubham Singh have already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 24.03.2023 passed in Cr. Misc. No. 55565 of 2022, Cr. Misc. No. 63334 of 2022, Cr. Misc. No. 69534 of 2022 and Cr. Misc. No. 72857 of 2022.
He further submits that the petitioner has been languishing in jail since 10.04.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one other case.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently
Patna High Court CR. MISC. No.36436 of 2023(2) dt.05-07-2023 3/4
opposes the prayer of the petitioner for bail.
Considering the aforesaid facts and circumstances,
this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. concerned Trial Court in connection with Bhagwan Bazar P.S. Case No. 158 of 2022, on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.36436 of 2023(2) dt.05-07-2023 4/4
below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J)
ashishkr/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a theft case pending trial.
Shubham Chaurasiya
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
