Petitioners sought bail in a theft case concerning stolen cash from a motorcycle dicky. Not named in FIR, in custody since November 2024, with no criminal antecedents and charge sheet filed. The court granted bail on bonds of Rs. 10,000 each with two sureties, subject to conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20321 of 2025
Arising Out of PS. Case No.-236 Year-2024 Thana- PARANDABAR District- Nawada
... ... Petitioner/s Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20880 of 2025
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 20321 of 2025) For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s : Mr. Ramchandra Sahni, APP (In CRIMINAL MISCELLANEOUS No. 20880 of 2025) For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER
... ... Opposite Party/s
3 10-07-2025 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with Parna
Patna High Court CR. MISC. No.20321 of 2025(3) dt.10-07-2025 2/4
Darbar P.S. Case No. 236 of 2024 instituted for the offence under Sections 305(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 17.10.2024, the informant withdrew Rs. 3 lakhs from SBI Fatehpur, Gaya, and kept the cash in the dicky of his motorcycle parked at his godown. Later, he discovered that the money was missing and, upon checking CCTV footage, saw three unknown persons on a Pulsar motorcycle stealing the cash from the dicky. The accused persons fled the spot after committing the theft.
4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 28-11-2024. Petitioners bear no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioners’ counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the FIR. Name of the petitioners have surfaced in this case during course of investigation. Learned counsel for the petitioner submits that police allegedly recovered Rs. 2,85,000/- from co-accused, namely, T. Markonda Das. Petitioners were not put on T.I. Parade. Petitioners have no concern with the alleged occurrence.
Patna High Court CR. MISC. No.20321 of 2025(3) dt.10-07-2025 3/4
Police after completion of investigation has submitted charge sheet int his case.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is contended that petitioners have confessed their guilt and it is the petitioner, namely, T. Markonda Das from whom there is recovery of Rs. 2,85,000/-.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.
8. Let the petitioners be released on bail and petitioner, namely, T. Markonda Das @ T. Markanda Das @ T. Markana Das be released on bail, after framing of charge, if not already framed , on furnishing bail and petitioners bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parna Darbar P.S. Case No. 236 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioners.
Patna High Court CR. MISC. No.20321 of 2025(3) dt.10-07-2025 4/4
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
1 issue framed by the court
Whether the petitioners should be released on bail in a theft case where charge sheet has been filed and they have been in custody since 28-11-2024.
2 provisions across 1 enactments
Kawadi Chiranjeevi @ Kawadi Siranjeevi @ Kawadi Chiranjeev @ Kawadi Siranjeev
Ajay Das son of Bijay Kumar Das
Shankar Rao S/o Ishu Rao
T. Markonda Das @ T. Markanda Das @ T. Markana Das
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
