AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
20 paragraphs · 393 wordsHeard Mr. Mahendra Thakur, learned counsel for the petitioner and Ms. Sangita Sharma, learned Additional Public Prosecutor (hereinafter
referred to as the ‘APP’) for the State.
The petitioner is in custody in connection with Dumra PS Case No. 26 of 2020 dated 22.01.2020, instituted under Section 379 of the Indian Penal
Code.
The petitioner though not named in the FIR, lodged for theft of the motorcycle of the informant, has been made accused on the basis of
confessional statement of co-accused which was followed by his confessional statement also.
Learned counsel for the petitioner submitted that the FIR itself has been lodged after 8 days for which there is no explanation. It was further
submitted that neither the motorcycle nor recovery of any stolen item has been made from his possession. Learned counsel submitted that though the
petitioner has been named in two other cases but he has been implicated falsely without there being any evidence in the same. Learned counsel
submitted that the petitioner is in custody since 02.06.2020.
Learned APP submitted that the petitioner and co-accused have confessed to his complicity.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail
upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Sitamarhi in Dumra PS Case No. 26 of 2020 subject to the conditions (i) that one of the bailors shall be a close relative of the
petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also
give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the
evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail
bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two
consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.
The application stands disposed off in the aforementioned terms.
