The Patna High Court granted bail to the petitioner in a theft case arising from a railway luggage robbery, directing him to execute a bond with two sureties.
Directed to release Md. Shamim Alam on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.25435 of 2014
Arising Out of PS. Case No. -33 Year- 2013 Thana -GAYA GRP CASE District- GAYA
====================================================== MD. SHAMIM ALAM, SON OF MD SAKUR R/O VILLAGE BELIYATAR, P.O. NERA, P.S. CHANDRAPURA, DISTRICT BOKARO, JHARKHAND AT PRESENT PIPRADIH, P.S. CHANDARPURA, DISTRICT BOKARO, JHARKHAND .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Kunwar Narayan Jamuar, Adv. For the State : Mr. Narsing Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 27-08-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
While the informant was travelling through Neelanchal Express on 18.01.2013 his luggage, mobile set etc. was stolen away. It is evident from the seizure list one mobile set was seized from the possession of the petitioner more than a year after the occurrence which, as submitted on behalf of petitioner was purchased by him. It has further been submitted that petitioner had no knowledge with regard to the aforesaid mobile set being a stolen property. It has also been submitted that petitioner has got no criminal antecedent and is under custody since 20-04-2014.
Patna High Court Cr.Misc. No.25435 of 2014 (3) dt.27-08-2014
2
The learned Additional Public Prosecutor opposed
the prayer. Hence, Md. Shamim Alam is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Railway Judicial Magistrate, Gaya in connection with Gaya Rail P.S. Case No.33 of 2013.
(Aditya Kumar Trivedi, J.
PN/U T
)
2 issues framed by the court
Whether the petitioner is entitled to release on bail in the charge-sheeted theft case.
Whether the petitioner's lack of knowledge regarding the stolen mobile set and absence of criminal antecedents warrant bail.
Md. Shamim Alam
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
