The Patna High Court granted bail to the petitioner in a theft and mischief case instituted under Sections 457 and 380 IPC, considering lack of recovery and fair antecedents.
Petitioner released on bail on furnishing bond of Rs. 5,000 with two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1215 of 2013
====================================================== Chhotu Kumar, son of Bengu Chaudhary .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Narsingh Tanti, Adv. For the State : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
2 28-01-2013 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the
offence under Sections 457 and 380 Indian Penal Code.
Considering that there was no recovery from the possession of the Petitioner who has fair antecedent and he is in custody since 29.9.2012, let the Petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 259 of 2012 subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the sister of the Petitioner namely, Soni Devi @ Babita. The bailor will also undertake to inform the Court if there is any
Patna High Court Cr.Misc. No.1215 of 2013 (2) dt.28-01-2013
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change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Anjana Prakash, J)
S.Ali
1 issue framed by the court
Whether bail should be granted to the petitioner in a case registered under Sections 457 and 380 IPC.
1 provisions across 1 enactments
Chhotu Kumar
State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
