Jai Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41344 of 2021 Arising Out of PS. Case No.-414 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Jai Prakash Singh, S/o Late Ram Raj Singh R/O Village - Dharhara, P.S. - Ara Town, District - Bhojpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2022 The matter has been listed today for consideration through virtual mode.
Heard learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor appearing for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 18.05.2021 seeks regular bail in connection with Udwant Nagar P.S. Case No.414 of 2020 registered for the offence punishable under Sections 457, 380 of the IPC.
Prosecution case in brief, is that while the informant Krishna Singh was sleeping in his new house on 31.10.2020, unknown person committed theft in his house cash of rupees ten thousand, gold ring and some cloths and small size
Patna High Court CR. MISC. No.41344 of 2021(2) dt.20-01-2022 2/3 mobile phone stolen away by some unknown miscreants. Learned counsel appearing on behalf of the petitioner submits no one has seen the petitioner to have committed theft in the house of the informant. Petitioner is in custody since 18.05.2021 and nothing has been recovered from his possession. Petitioner has clean antecedent. Petitioner is the only sole bread earner of his family.
Learned APP for the State, however, opposes the prayer for grant of bail to the petitioner on the ground that stolen mobile has been recovered from the possession of the petitioner. Considering the above-mentioned facts and circumstances of the case, period of custody as well as the specific statement of the petitioner that the said mobile was given by brother-in-law as well as there is no allegation of tampering the evidence or influencing the witnesses and trial is also not likely to be concluded soon due to COVID-19, the petitioner above named, be released on provisional bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No.414 of 2020, subject to the following conditions:
Patna High Court CR. MISC. No.41344 of 2021(2) dt.20-01-2022 3/3
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T