In an oral order, the Patna High Court granted bail to the petitioner in a theft case involving IPC Sections 406, 420, 120B, and 379/34, despite his antecedents and custody, directing a bond of Rs. 20,000 with sureties.
Petitioner enlarged on bail bond of Rs. 20,000 with two sureties of 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.83777 of 2024
Arising Out of PS. Case No.-12 Year-2024 Thana- NEMDARGANJ District- Nawada
======================================================
Amar Jyoti S/o Sharwan Kumar @ Sharwan Raut R/o Vill- Panchgawan, PSNemdarganj, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Priya Ranjan For the Opposite Party/s : Mr.Md. Shakir Ahmad ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 04-12-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.83777 of 2024(2) dt.04-12-2024 2/4
When the informant came on 03.01.2024 to the office of Amar Jyoti (petitioner), he found his vehicle missing. On query, the co-accused has said that his vehicle went to Sharghati for loading but the informant did not believe and later on, he came to know that the accused persons Amar Jyoti (petitioner), Rahul Kumar @ Chhotu, Purushottam Kumar and Gautam Kumar sold his vehicle after committing theft. The informant searched his vehicle several times but he did not find. Thereafter, it has come to the knowledge of the informant that the case has been lodged against them in Nemdarganj police station. The informant has also lodged the present case against them for committing theft of his vehicle.
Patna High Court CR. MISC. No.83777 of 2024(2) dt.04-12-2024 3/4
Nemdarganj P.S. Case No. 14/2024, Nemdarganj P.S. Case No. 15/2024, Nemdarganj P.S. Case No. 16/2024, Nemdarganj P.S. Case No. 17/2024 including the present Nemdarganj P.S. Case No. 12/2024 against the co-accused. The petitioner has 22 criminal antecedents, out of which, nine cases have been lodged against the petitioner in the year 2024, as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 27.08.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated 04.07.2024 passed in Cr. Misc No. 39390 of 2024.
5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.
(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable
Patna High Court CR. MISC. No.83777 of 2024(2) dt.04-12-2024 4/4
cause, the bail bond of the petitioner is liable to be cancelled.
(ii). If the petitioner is found involved in similar
nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(Chandra Prakash Singh, J)
guddukr/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in PS Case No. 12 of 2024 under Sections 406, 420, 120B and 379/34 IPC.
Whether the petitioner's 22 antecedents and prior custody warrant denial of bail given the co-accused release.
Amar Jyoti S/o Sharwan Kumar @ Sharwan Raut
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
