The High Court at Patna, through an oral order, allowed the petitioner's application for regular bail in a theft and looting case. The court directed release on a bond of Rs. 10,000 with two sureties of similar amounts.
Enlargement of the petitioner on bail on furnishing a bond of Rs. 10,000/ with two sureties of a like amount each.
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.6774 of 2023
Arising Out of PS. Case No.-184 Year-2022 Thana- AGAMKUAN District- Patna
======================================================
DEEPAK KUMAR SON OF SURESH SAHNI RESIDENT OF MOHALLAALAMGANJ GOSHAI CHOUKI, P.S.- ALAMGANJ, DISTRICT- PATNA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rudra Deo For the Opposite Party/s : Mr.Mithlesh Kumar Khare ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 13-04-2023 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Agamkuan P.S. Case No. 184 of 2022 registered under sections 392 and 411 of the Indian Penal Code.
The allegation against the petitioner is that he along with other co-accused persons looted the mobile phone and cash of Rs. 400/- from the informant. Further the petitioner was apprehended and on search, there is recovery of mobile phone and one dagger from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is
Patna High Court CR. MISC. No.6774 of 2023(2) dt.13-04-2023 2/2
further submitted that he has no concern with the seized article. It is also submitted that this case is triable by Judicial Magistrate. The petitioner is languishing in judicial custody since 06.03.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Agamkuan P.S. Case No. 184 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Patna City.
(Sunil Kumar Panwar, J)
shubham/-
U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail in a case involving looting and recovery of articles under Sections 392 and 411 IPC?
Is the bail amount and surety requirements appropriate under the facts and circumstances of the case?
Deepak Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
