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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