Back
HIGH COURT OF PATNA
Mr. Justice Partha Sarthy
SEVA SINGH – Appellant
Versus
The State – Respondent
CR. MISC./22701/2022
THE BURDEN OF PROOF SHIFTS TO THE PROSECUTION TO SHOW THAT THERE ARE REASONABLE GROUNDS FOR BELIEVING THAT THE ACCUSED HAS COMMITTED A CRIME OF SUCH A NATURE THAT IF HE IS RELEASED ON BAIL, HE IS LIKELY TO COMMIT A SIMILAR OFFENCE OR THAT HE WOULD ABSCOND.
Headnote:
BAIL - SECTION 457/380 IPC - BURDEN OF PROOF - ONCE THE ACCUSED IS ABLE TO MAKE OUT A PRIMA FACIE CASE FOR BAIL, THE BURDEN SHIFTS ON THE PROSECUTION TO SHOW THAT THERE ARE REASONABLE GROUNDS FOR BELIEVING THAT THE ACCUSED HAS COMMITTED A CRIME OF SUCH A NATURE THAT IF HE IS RELEASED ON BAIL, HE IS LIKELY TO COMMIT A SIMILAR OFFENCE OR THAT HE WOULD ABSCOND.
Fact of the Case:
THE PETITIONERS WERE ARRESTED IN CONNECTION WITH A CASE REGISTERED UNDER SECTIONS 457 AND 380 OF THE INDIAN PENAL CODE. THE PROSECUTION ALLEGED THAT THE PETITIONERS HAD BROKEN INTO A SHOP AND STOLEN GOLD AND SILVER ORNAMENTS WORTH RS.15-16 LAC. THE PETITIONERS WERE IN CUSTODY SINCE 3.1.2022.
Finding of the Court:
THE COURT OBSERVED THAT THE PETITIONERS WERE ABLE TO MAKE OUT A PRIMA FACIE CASE FOR BAIL. THE COURT NOTED THAT NO INCRIMINATING ARTICLE WAS RECOVERED FROM THE PETITIONERS’ POSSESSION AND THE JEWELLERY RECOVERED HAD NOT BEEN PUT ON T.I. PARADE. THE COURT ALSO TOOK INTO CONSIDERATION THE FACT THAT THE PETITIONERS HAD BEEN IN CUSTODY FOR 1 YEAR SINCE 3.1.2022.
Issues: WHETHER THE PETITIONERS WERE ENTITLED TO BAIL.
Ratio Decidendi: THE COURT HELD THAT THE PETITIONERS WERE ENTITLED TO BAIL AS THEY WERE ABLE TO MAKE OUT A PRIMA FACIE CASE FOR BAIL AND THE PROSECUTION FAILED TO SHOW THAT THERE WERE REASONABLE GROUNDS FOR BELIEVING THAT THE PETITIONERS WERE LIKELY TO COMMIT A SIMILAR OFFENCE OR THAT THEY WOULD ABSCOND IF RELEASED ON BAIL.
Final Decision: THE COURT DIRECTED THE PETITIONERS TO BE RELEASED ON BAIL ON FURNISHING BAIL BONDS OF RS.10,000/- EACH WITH TWO SURETIES OF THE LIKE AMOUNT EACH.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22701 of 2022
Arising Out of PS. Case No.-514 Year-2021 Thana- GAYA MUFASIL District- Gaya
======================================================
1.
SEVA SINGH S/o Ram Singh Resident of Village- Balrampur, P.S.- Nigohi,
District- Shahjahapur (U.P.)
2.
Chatram S/o Moti Resident of Village- Balrampur, P.S.- Nigohi, District-
Shahjahapur (U.P.)
3.
Manish @ Giri S/o Dharmpal Resident of Village- Balrampur, P.S.- Nigohi,
District- Shahjahapur (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Rajani Ranjan Pd. Singh, Advocate
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4
11-01-2023
Heard learned counsel for the parties.
The petitioners have preferred this application for
grant of regular bail in a case registered under sections 457 and
380 of the Indian Penal Code.
As per the prosecution case, it is stated by the
informant that he received information about the shutter of his
shop having been broken. On reaching his shop it transpired that
gold and silver ornaments worth Rs.15-16 lac had been stolen.
It is submitted by learned counsel for the petitioner
that the F.I.R was registered against unknown. The name of the
petitioners transpired in course of investigation wherein they
Patna High Court CR. MISC. No.22701 of 2022(4) dt.11-01-2023
2/2
were allegedly caught selling the stolen jewellery. No
incriminating article has been recovered from the petitioners’
possession and the jewellery recovered has not been put on T.I.
Parade. The petitioners are in custody since 3.1.2022.
Heard learned A.P.P for the State.
Having heard learned counsel for the parties and
taking into consideration the nature of allegation and the
material which has transpired in course of investigation, the
stolen jewellery allegedly recovered from the petitioners’
possession not having been put on T.I. Parade and the petitioners
having been remained in custody for 1 year since 3.1.2022, the
petitioners are directed to be enlarged on bail in connection with
Gaya Mufassil P.S. Case no. 514 of 2021 on each of them
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Gaya.
avinash/-
(Partha Sarthy, J)
U
T
