The Patna High Court disposed of a bail application filed by a petitioner accused of theft under Sections 413 and 414 IPC. The Court granted bail subject to conditions.
The petitioner is released on bail on furnishing a bail bond of Rs. 10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate.
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.65112 of 2023
Arising Out of PS. Case No.-157 Year-2023 Thana- BAIRIYA District- West Champaran
======================================================
ANGAD KUMAR @ ANWAT MUKHIYA SON OF BUNLI MUKHIYA RESIDENT OF VILLAGE - BAIRIYA, WARD NO.09, POLICE STATION - BAIRIYA, DISTRICT - WEST CHAMPARAN
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anant Kumar Mishra For the Opposite Party/s : Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 08-01-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.65112 of 2023(3) dt.08-01-2024 2/3
alleged in the FIR and he has falsely been implicated in this case. He further submits that as per seizure list, one motorcycle, without any number, is said to have been recovered from the house of the petitioner and chesis number and engine number of said motorcycle are also scratched. In this way, it cannot be said that the stolen motorcycle as mentioned in the FIR and seized motorcycle are the same. He further submits that no incriminating article has been recovered from conscious possession of the petitioner. Petitioner has not been put on TIP as yet. There is no compliance of Section 100 of the Cr.P.C. in preparing the seizure list. Petitioner is in custody since 05.06.2023 and bears criminal antecedent of one case in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
Patna High Court CR. MISC. No.65112 of 2023(3) dt.08-01-2024 3/3
record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 157 of 2023, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
shahzad/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in the theft case.
ANGAD KUMAR @ ANWAT MUKHIYA
STATE OF BIHAR
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
