The High Court at Patna granted bail to the petitioner,.driver falsely implicated in theft case under IPC 379/411 due to wage dispute, directing release with bond and sureties to CJM Bhagalpur.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties of like amount to CJM Bhagalpur.
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.43868 of 2013
====================================================== Laxman Mahto @ Luchhman Mahton, Son of Baijnath Mahto, Resident of Mohalla – Sahebganj (Bindtoli), P.S. – Nath Nagar, District – Bhagalpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rajendra Kumar Jain, Advocate. For the Opposite Party : Mr. Ahmad Ali, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 09-10-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Mojahidpur P.S. Case No. 52 of 2013, registered under Sections 379, 411 of the IPC against unknown. Learned counsel appearing on behalf of the petitioner submits that the informant Krishna Kumar lodged about theft of tempo bearing Registration No. B.R. 10 0A/0107 against unknown. Later on, the tempo was recovered from the road side and Section 411 of the IPC was added. The petitioner was the driver of the informant and has been falsely implicated in this case due to dispute of wage which was due and not paid by the informant. It has further been submitted that the petitioner is in custody since 01.06.2013 and has no criminal antecedent.
Patna High Court Cr.Misc. No.43868 of 2013 (2) dt.09-10-2013
2
Considering the facts and circumstances of the case, the petitioner Laxman Mahto @ Luchhman Mahto is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 52 of 2013.
(Rajendra Kumar Mishra, J.)
KKSINHA/-
2 issues framed by the court
Whether the petitioner entitled to bail under Sections 379, 411 of IPC considering false implication due to wage dispute.
Whether petitioner's release on bail with sureties sufficient given custody since 01.06.2013.
1 provisions across 1 enactments
Laxman Mahto @ Luchhman Mahton
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
