This short order grants bail to two petitioners in a theft-related case upon furnishing bonds of Rs. 10,000 each with two sureties of the same amount.
Enlargement on bail by furnishing bonds of Rs. 10,000/- each with two sureties of the like amount to satisfaction of Judicial Magistrate 1st Class, Buxar.
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.28831 of 2014
Arising Out of PS.Case No. -53 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== Upendra Sharma, S/o Kamlesh Sharma resident of village- Salthua, P.S.Kudra, District- Kaimur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.31058 of 2014 Arising Out of PS.Case No. -53 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== Sarbotam Kumar @ Chunu S/o Late Abhay Kumar Rai resident of village Salthua, P.S. Kudra, District - Kaimur. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.28831 of 2014) For the Petitioner/s : Mr. Raj Kumar, Advocate. For the Opposite Party/s : Mr. Binod Kr. 3(App) (In Cr.Misc. No.31058 of 2014) For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 6 22-12-2014 Heard both sides. Since both the cases have arisen out of one occurrence, they are being disposed of by this common order. The petitioners Upendra Sharma and Sarbotam Kumar @ Chunu seek bail in Dumraon P.S. Case No. 53 of 2014, registered for the offences punishable under Sections 414, 420, 467, 468, 471 and 34
Patna High Court Cr.Misc. No.28831 of 2014 (6) dt.22-12-2014
2
of the Indian Penal Code.
The police apprehended the petitioners while they were going on a theft Toyota Innova vehicle bearing Registration No. WB 12C – 1710.
Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the case on account of enmity with one Girish Chandra Mishra.
It appears that the vehicle was recovered from the possession of the petitioners and it was found that the vehicle was stolen one. The petitioner no. 1 who is said to be driver of the vehicle has got no criminal antecedent and petitioner no. 2 has got criminal antecedent, but he is not accused in any theft case. The petitioners have already remained in jail for more than ten months.
Considering the facts aforesaid, the petitioners namely, Upendra Sharma and Sarbotam Kumar @ Chunu are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri D. Kumar, the learned Judicial Magistrate 1st Class, Buxar in connection with Dumraon P.S. Case No. 53 of 2014.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether to grant bail to petitioners implicated in offences punishable under Sections 414, 420, 467, 468, 471 and 34 IPC.
Upendra Sharma
Sarbotam Kumar @ Chunu
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
