Single judge order granting bail to petitioner in a theft case. Court allowed bail on a bond of 10,000 rupees noting that a co-accused had already been granted bail and no evidence was recovered from the petitioner.
Release of petitioner on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to CJM Betah.
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.4117 of 2023
Arising Out of PS. Case No.-293 Year-2019 Thana- CHANPATIA District- West Champaran
======================================================
VISHWAJEET KUMAR Son of Ramashankar Sah R/v- Baluwa, Rampurwa, P.S.- Bairia, District- West Champaran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Shiv Kumar Dwivedy For the Opposite Party/s : Mr.J.N.Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
3 08-05-2023
Heard the learned counsel for the petitioner and learned APP for the State.
This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 379, 382 and 120(B)/34 of the Indian Penal Code registered in connection with Chanpatia P.S.Case No. 293 of 2019.
As per allegation, some unknown persons stolen away the ATM installed at Tikulia Chowk containing Rs.28,83,400/-.
The learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Nothing was recovered from his possession and co-accused Ashok Sah, from whose possession Rs. 3,00,000/-(approx.) has been recovered
Patna High Court CR. MISC. No.4117 of 2023(3) dt.08-05-2023 2/3
and in whose confessional statement the name of the petitioner has figured, has been granted bail by a coordinate Bench of this Court in Cr.Misc.No.30102 of 2020. He has submitted further that other co-accused persons, whose names have figured in the confessional statement of co-accused Ashok Sah have also been granted bail by the coordinate Benches of this Court. The case of the petitioner is on better footing as nothing was recovered from his possession. He is in custody since 16.09.2022.
On the other hand, the learned APP has opposed the prayer for bail.
Considering the above facts and circumstances and also keeping in view the fact that other co-accused persons have been granted bail, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah,West Champaran in connection with Chanpatia P.S.Case No. 293 of 2019, subject to the following conditions:-
Patna High Court CR. MISC. No.4117 of 2023(3) dt.08-05-2023 3/3
below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J)
HR/-
U T
2 issues framed by the court
Whether to grant bail to the accused in a theft case involving recovery from a co-accused.
Whether the fact that co-accused has been granted bail influences the present bail application.
1 provisions across 1 enactments
Vishwa Jeet Kumar
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
