Held petition for bail rejected in a Section 414 IPC theft case before charge framing due to criminal antecedents and recovery from joint possession with primary accused. Renewable after framing of charge.
Petitioner's prayer for bail rejected. Liberty to renew prayer after framing of charges granted.
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Patna High Court Cr.Misc. No.18283 of 2014 (2) dt.05-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18283 of 2014 ====================================================== 1. Manish Kumar Singh S/o Sitaram Singh .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 05-06-2014 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner prays for grant of bail in connection with Majorganj P.S. Case No. 85 of 2014 registered for the offence under Section 414 of the Indian Penal Code.
Allegedly, the petitioner and co-accused were caught with a stolen motorcycle for which neither the petitioner nor the co-accused produced any paper.
Submission at the bar for release of the petitioner is that there is no case regarding theft of that motorcycle, the petitioner has been made victim of the circumstances, nothing incriminating article has been recovered from conscious possession of the petitioner except the mobile which is his own property, the petitioner has no knowledge about the said
Patna High Court Cr.Misc. No.18283 of 2014 (2) dt.05-06-2014
motorcycle and to reach the house the petitioner sat on that motorcycle which was being driven by co-accused.
The learned Additional Public Prosecutor opposes the prayer of bail by pointing out criminal antecedent of the petitioner.
Considering the submissions as above, noticing the alleged recovery from joint possession of the petitioner and coaccused, at this stage, this Court is not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Majorganj P.S. Case No. 85 of 2014 stands rejected. However, after framing of charge the petitioner may be at liberty to renew the prayer for bail.
(Jitendra Mohan Sharma, J)
SHAHZAD/-
1 issue framed by the court
Whether the petitioner entitled to bail before framing of charges in a theft case where items were recovered from joint possession.
1 provisions across 1 enactments
Manish Kumar Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
