Petition for regular bail. Patna High Court granted bail, requiring a bond with sureties, subject to conditions including presence at trial dates and ensuring at least one surety owns immovable property locally.
Release on bail furnishing a bond of Rs.10,000 with two sureties, one of whom must own immovable property, subject to attendance 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.26331 of 2014
Arising Out of PS.Case No. -96 Year- 2014 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Jagat Sah son of Late Ram Ishwar Sah resident of Village - Raghunathpur, Donwa, Dholi Sakara, P.S. - Sakara, District - Muzaffarpur. .... .... Petitioner/s Versus 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 06-08-2014 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered under Sections 379 and 411 of the Indian Penal Code.
Allegedly several motors were stolen away from the work shop and during investigation from the rented house of Lalbabu Paswan, 13 motors with rotors were recovered and the petitioner stated that he used to purchase the stolen articles.
Submission at the Bar for release of the petitioner is that nothing has been recovered from the possession of the petitioner, he has been made victim of the circumstances and only on suspicion he has been implicated, resulting he is suffering in custody since 30/03/2014 having no criminal antecedent.
In the facts and circumstances, as stated above, the
Patna High Court Cr.Misc. No.26331 of 2014 (2) dt.06-08-2014
2
petitioner, Jagat Sah, shall 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 learned S.D.J.M.,(West), Muzaffarpur, in Maniyari P.S.Case No. 96/2014,subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
singh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a theft case where stolen articles were recovered from a third party's rented house and not from the petitioner.
1 provisions across 1 enactments
Jagat Sah
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
