Petitioner sought bail for theft charge, arguing non-naming in FIR and vicarious possession. Court refused bail due to recovery of stolen cycle from his possession, allowing prayer renewal after three months in custody.
Bail refused; prayer to renew after three months in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24268 of 2014 Arising Out of PS.Case No. -247 Year- 2013 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Md. Arman Son of Luto Khalifa Resident of village - Sati Chowk Mansoor Chak, P.S. Baliya, District - Begusarai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Lakhisarai P.S.Case No. 247/2013 for the offence punishable under Section 379 of the Indian Penal Code, pending in the Court of learned C.J.M., Lakhisarai.
The motorcycle of the informant was stolen away and the informant made suspicion against three persons named in the FIR. During investigation the petitioner was arrested with arms for which Baliya P.S.Case No. 173/2013 was registered and the stolen motor cycle was also recovered and seized and thereafter from that case this petitioner has been remanded in this case on 05/01/2014.
Submission is that the petitioner is not named in the FIR,
Patna High Court Cr.Misc. No.24268 of 2014 (2) dt.04-08-2014
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he has not been put on T.I. parade and at the time of recovery the stolen motor cycle was being driven by Mukesh Kumar and the peittioner was sitting behind Mukesh Kumar but that Mukesh Kuamr has succeeded in fleeing away and the petitioner has been made victim of the circumstances. The petitioner has been granted bail in Baliya P.S.Case no. 173/2013.
Considering the recovery of stolen motor cycle from the conscious possession of the petitioner at this stage, this Court is not inclined to enlarge the petitioner on bail. However, he may renew his prayer for bail after remaining in custody for further period of three months.
(Jitendra Mohan Sharma, J)
singh/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail pending trial in a theft case given the recovery of the stolen item from his possession.
Md. Arman
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
