Due to various Physical Injuries, the petitioner’s second attempt for bail got accepted by the Court: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 306121 Arising Out of PS. Case No. 792 Year 2019 Thana KHAGARIA District Khagaria Dhananjay Kumar @ Dhanannjay Kumar aged about 20 years Male Son of Birendra Singh Resident of Village Amni PS Mansi District Khagaria The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State Mr. Binod Kumar Advocate Mr. Mustaque Alam APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18 08 2021 The matter has been heard via video conferencing 2. Heard Mr. Binod Kumar learned counsel for the petitioner and Mr. Md. Mustaque Alam learned Additional Public Prosecutorfor the State 3. The petitioner is in custody in connection with KhagariaPS Case No. 7919 dated 23.10.2019 instituted under Sections 461 and 379 of the Indian Penal Code 4. This is the second attempt for bail by the petitioner as earlier such prayer was rejected by judgment and order dated 05.01.2021 passed in Cr. Misc. No. 322220 5. The allegation against the petitioner is that he had stolen the laptop camera wi fi cash and important documents from the shop of the informant Patna High Court CR. MISC. No.306121 dt.18 08 2021 6. Learned counsel for the petitioner submitted that the Court has already considered the merits as has been noted in the last order of rejection. However it was submitted that the Court may consider one aspect i.e. there was no document produced by the informant to establish that the articles which were recovered from the petitioner belonged to him as upon being asked for the papers he had stated that he had burnt the same. Learned counsel submitted that the petitioner is suffering from various diseases and his left leg and right hand was fractured in a motorcycle accident and his left eye was also injured and since then he has lost vision in one eye. Learned counsel submitted that the petitioner is in custody since 17.02.2020. It was submitted that though the petitioner has been made accused in seven other cases but all such implication has been after the police took him on remand in Khagaria PS Case No. 520 which is the case related to the present case. Further it was submitted that the cases relate to petty theft and ancillary allegations and there is no major allegation of committing a crime which is a threat to society as a large or would damage the society in general. Further learned counsel submitted that the Court may impose strict conditions on the petitioner to ensure that he does not commit any crime again Patna High Court CR. MISC. No.306121 dt.18 08 2021 7. Learned APP submitted that the Court has already considered and rejected the matter on merits and no fresh grounds have been shown for reconsideration 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties the Court is persuaded to allow the prayer 9. Accordingly let the petitioner be released on bail upon furnishing bail bonds of Rs. 25 000 PS Case No. 7919 subject to the conditionsthat 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 andthe petitioner shall appear before the SHO of his local police station every Sunday morning at 11:00 AM. Any violation of the terms and conditions of the bonds or the undertaking or failure to appear before the SHO every Sunday at 11:00 AM shall lead to cancellation of his bail bonds. The petitioner shall Patna High Court CR. MISC. No.306121 dt.18 08 2021 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 10. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioner to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioner 11. The petition stands disposed of in the (Ahsanuddin Amanullah J

Summary: The Petitioner applied for the second time for the bail. He was accused of theft of various things from the informant’s shop. Due to the physical health of the petitioner, the court considered the matter this time and granted bail, and accepted the appeal. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Dhananjay Kumar v. The State of Bihar[Criminal Miscellaneous No. 30616 of 2021].  
The facts of the case were that the petitioner is in custody in connection with Case instituted under Sections 461 and 379 of the Indian Penal Code. The earlier prayer was rejected by the Court and this is the second attempt for bail. The petitioner is alleged that he had stolen the laptop, camera, Wi-Fi, cash, and important documents from the shop of the informant. Learned counsel for the petitioner submitted that the Court has already considered the merits as has been noted in the last order of rejection. It was further added that there was no document as such produced and presented by the informant to establish that the articles which were recovered from the petitioner belonged to him as upon being asked for the papers, he had stated that he had burnt the same.

Learned counsel submitted that the petitioner is suffering from various diseases and his left leg and right hand were fractured in a motorcycle accident and his left eye was also injured and since then he has lost vision in one eye. it was submitted that the cases relate to petty
theft and ancillary allegations and there is no major allegation of committing a crime that is a threat to society as a large or would damage society in general. Further, learned counsel submitted that the Court may impose strict conditions on the petitioner to ensure that he does not commit any crime again. 

The Learned Additional Public Prosecutor submitted that the matter has already been considered under the light of all facts and circumstances and hence there are no fresh grounds to be shown for reconsideration. 

The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is persuaded to allow the prayer.” The bail was granted to the petitioner on furnishing the bail bonds and required documents. An undertaking was to be signed stating that the petitioner shall not indulge in any illegal/criminal activity and any violation of the terms shall lead to cancellation of bail bonds. The petition was disposed of on the mentioned terms and conditions.
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Judgment Reviewed By Nimisha Dublish

 The facts of the case were that the petitioner is in custody in connection with Case instituted under Sections 461 and 379 of the Indian Penal Code. The earlier prayer was rejected by the Court and this is the second attempt for bail. The petitioner is alleged that he had stolen the laptop, camera, Wi-Fi, cash, and important documents from the shop of the informant. Learned counsel for the petitioner submitted that the Court has already considered the merits as has been noted in the last order of rejection. It was further added that there was no document as such produced and presented by the informant to establish that the articles which were recovered from the petitioner belonged to him as upon being asked for the papers, he had stated that he had burnt the same. 
Learned counsel submitted that the petitioner is suffering from various diseases and his left leg and right hand were fractured in a motorcycle accident and his left eye was also injured and since then he has lost vision in one eye. it was submitted that the cases relate to petty
theft and ancillary allegations and there is no major allegation of committing a crime that is a threat to society as a large or would damage society in general. Further, learned counsel submitted that the Court may impose strict conditions on the petitioner to ensure that he does not commit any crime again. 

The Learned Additional Public Prosecutor submitted that the matter has already been considered under the light of all facts and circumstances and hence there are no fresh grounds to be shown for reconsideration. 

The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is persuaded to allow the prayer.” The bail was granted to the petitioner on furnishing the bail bonds and required documents. An undertaking was to be signed stating that the petitioner shall not indulge in any illegal/criminal activity and any violation of the terms shall lead to cancellation of bail bonds. The petition was disposed of on the mentioned terms and conditions.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish

 Learned counsel submitted that the petitioner is suffering from various diseases and his left leg and right hand were fractured in a motorcycle accident and his left eye was also injured and since then he has lost vision in one eye. it was submitted that the cases relate to petty theft and ancillary allegations and there is no major allegation of committing a crime that is a threat to society as a large or would damage society in general. Further, learned counsel submitted that the Court may impose strict conditions on the petitioner to ensure that he does not commit any crime again.  
The Learned Additional Public Prosecutor submitted that the matter has already been considered under the light of all facts and circumstances and hence there are no fresh grounds to be shown for reconsideration. 

The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is persuaded to allow the prayer.” The bail was granted to the petitioner on furnishing the bail bonds and required documents. An undertaking was to be signed stating that the petitioner shall not indulge in any illegal/criminal activity and any violation of the terms shall lead to cancellation of bail bonds. The petition was disposed of on the mentioned terms and conditions.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish

 The Learned Additional Public Prosecutor submitted that the matter has already been considered under the light of all facts and circumstances and hence there are no fresh grounds to be shown for reconsideration.  
The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is persuaded to allow the prayer.” The bail was granted to the petitioner on furnishing the bail bonds and required documents. An undertaking was to be signed stating that the petitioner shall not indulge in any illegal/criminal activity and any violation of the terms shall lead to cancellation of bail bonds. The petition was disposed of on the mentioned terms and conditions.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish

 The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is persuaded to allow the prayer.” The bail was granted to the petitioner on furnishing the bail bonds and required documents. An undertaking was to be signed stating that the petitioner shall not indulge in any illegal/criminal activity and any violation of the terms shall lead to cancellation of bail bonds. The petition was disposed of on the mentioned terms and conditions. Click Here To Read The Judgment