Patna High Court granted bail to the petitioner charged with theft under Section 379 IPC, noting his accused compatriot had already been released by this Court on similar facts.
Petitioner Mukesh Kumar directed to be released on bail with Rs. 10,000/- bond and two sureties.
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Patna High Court Cr.Misc. No.44831 of 2014 (2) dt.10-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44831 of 2014
Arising Out of PS.Case No. -486 Year- 2013 Thana -SUPAUL District- SUPAUL ====================================================== 1. Mukesh Kumar Son of Late Panna Lal Sah resident of village- Nadi, Police Station- Sour Bazar, District- Saharsa. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Veena Kumari Jaiswal For the Opposite Party/s : Mr. Veena Rani Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 10-12-2014 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in connection with Supaul P.S. Case No. 486 of 2013 registered for the offences punishable under Section 379 of the Indian Penal Code.
Allegedly, when the informant after parking his motorcycle went inside his house his motorcycle was found missing and as such the case was instituted against unknown. During investigation after so many days the petitioner and Pankaj Singh @ Pankaj Kumar Singh were apprehended alongwith motorcycle and for that Saharsa P.S. Case No. 548 of 2013 was registered, therein the petitioner is on bail and on that very basis the petitioner along with Pankaj Singh have been remanded in this
Patna High Court Cr.Misc. No.44831 of 2014 (2) dt.10-12-2014
case without any positive and legal material and that Pankaj Singh @ Pankaj Kumar Singh has already been allowed bail by another Bench of this Court to which the learned A.P.P. is not in a position to distinguish the case of the petitioner.
In the facts and circumstances as stated above, the petitioner Mukesh Kumar is hereby directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sanjeev Kumar, learned Judicial Magistrate, Ist Class, Supaul, in connection with Supaul P.S. Case No. 486 of 2013, 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)
Md. Ibrarul/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in view of the changed circumstances and the remand of an accomplice.
Mukesh 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
