The Patna High Court granted bail to the petitioner in a case involving waylaying and theft. The court considered the lack of recovery from the petitioner and the submission of the charge-sheet.
Petitioner directed to be released on bail by furnishing a bond of Rs. 20,000 with two sureties of the 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.67786 of 2022
Arising Out of PS. Case No.-53 Year-2022 Thana- BACHHWARA District- Begusarai
======================================================
Lal Mohan @ Ravi Ranjan Kumar @ Lalo @ Ravi Ranjan Son Of Vinod Chaudhary R/O Vill.- Sokhara- 2, Kalambag, P.S.- Fulwaria, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 15-03-2023 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
In the present case, the petitioner seeks bail in connection with Bachhwara P.S. Case No. 53 of 2022 registered for the alleged offences under Sections 392 and 397 of the Indian Penal Code.
As per prosecution case, the informant was waylaid by two motorcycles borne miscreants on gun-point and they took away the motorcycle, mobile-phones and the wallet of the informant containing Rs. 1000/-, Aadhar card, driving license and voter iCard. The name of the petitioner surfaced during investigation as one of the accused persons.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.67786 of 2022(2) dt.15-03-2023 2/3
case. Learned counsel for the petitioner further submits that name of the petitioner was not mentioned in the FIR and nothing incriminating has been recovered from his person or possession. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused Md. Rafique, but the petitioner has got no concern with the co-accused who has named him in this case. No Test Identification Parade has been conducted. Except for suspicion there is nothing against this petitioner. Learned counsel further submits that one of the co-accused person has been granted bail by a Coordinate Bench of this Court vide order dated 20.02.2023 passed in Cr. Misc. No. 61537 of 2022. The petitioner is in custody since 29.06.2022 and charge-sheet has been submitted.
Learned A.P.P. for the State opposes the prayer for bail submitting that petitioner is having criminal antecedent of similar nature.
Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner or at his instance and further considering the period of custody of the petitioner along with submission of charge sheet against him, the petitioner above named is directed to be released on bail on
Patna High Court CR. MISC. No.67786 of 2022(2) dt.15-03-2023 3/3
furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai in connection with Bachhwara P.S. Case No. 53 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
himanshu/-
U T
1 issue framed by the court
Whether the petitioner is eligible to be released on bail considering the circumstances of the case and the submission of the charge-sheet.
1 provisions across 1 enactments
Lal Mohan
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
