Oral order granting regular bail to three petitioners accused of stealing a laptop, printers, and articles under sections 457 and 380 IPC. Court noted recovery from garbage and lack of conscious possession in granting bail.
Petitioners released on bail by furnishing bonds of Rs.10,000 each with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44388 of 2022
Arising Out of PS. Case No.-1 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s : Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
4 16-02-2023
Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners seek regular bail in connection with Motihari Rail P. S. Case No. 01 of 2022 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.
As per prosecution, the informant alleged that a
Patna High Court CR. MISC. No.44388 of 2022(4) dt.16-02-2023 2/3
laptop, two printers and other articles were stolen away by some unknown miscreants.
The main submissions advanced by the learned counsel Mr. Anant Kumar Mishra for the petitioners are that the seizure list of the stolen articles clearly goes to show that the recovery of some of the stolen articles was made from garbage beside the Railway office and in front of M.S. College and the same was not recovered from the conscious possession of the petitioners and as per the same seizure list the petitioners were shown as having been arrested on the basis of secret information but it is not mentioned in the seizure list that the petitioners had any connection to the said recovery of the alleged stolen articles and moreover the petitioners have been languishing in jail since 08.01.2022 and FIR was registered against unknown persons. Further submission is that against the petitioner no.1 there is criminal antecedent of one case and rest petitioners have fair and clean antecedent.
Learned APP Md. Iftekhar Mahmood appearing for the State has opposed the bail prayer.
In view of the facts, as stated above and considering the custody period of the petitioners, this court is inclined to accept their prayer for bail. Accordingly, let the petitioners be
Patna High Court CR. MISC. No.44388 of 2022(4) dt.16-02-2023 3/3
released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Motihari Rail P.S. Case No. 01 of 2022.
(Shailendra Singh, J)
Rajiv/-
U T
2 issues framed by the court
Whether the petitioners are entitled to regular bail in offences under Sections 457 and 380 of the Indian Penal Code.
Whether the recovery of stolen items from garbage and secret information justify the grant of bail.
Md. Jaheed @ Md. Jahid
Bittu
Md. Kaish
The State of Bihar
Shaileendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
