The Patna High Court, in Cr. Misc. No. 31745 of 2014, granted regular bail to the petitioner, who was detained since April 2014 in a case under Section 414 IPC for theft of a motorcycle, upon furnishing a bond and sureties.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the same amount each.
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.31745 of 2014
Arising Out of PS.Case No. -72 Year- 2014 Thana -KHAGAUL District- PATNA ====================================================== Dilip Kumar S/o Late Mahesh Prasad Resident of Village Kurthaul, P.S. Parsa Bazar, District Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 17-09-2014 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered under Section 414 of the Indian Penal Code.
During evening patrolling the petitioner was caught with one motor cycle for which he has got no paper.
Submission at the Bar for release of the petitioner is that there is no case of theft regarding motorcycle recovered from the possession of the petitioner. The petitioner is in custody since 11/04/2014 having one more case wherein he is on bail. The petitioner has not committed theft and he has been made victim of the circumstances.
In the facts and circumstances, as stated above, considering the period of detention, at this stage, now the petitioner, Dilip Kumar, shall be released on bail on furnishing bail
Patna High Court Cr.Misc. No.31745 of 2014 (2) dt.17-09-2014
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bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, in Khagaul P.S..Case no. 72/2014, 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 also 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/-
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2 issues framed by the court
Whether the petitioner is eligible for regular bail in a case of motor theft.
Whether to grant bail upon furnishing security and sureties.
1 provisions across 1 enactments
Dilip Kumar
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
