Single judge of the Patna High Court granted bail to the petitioner accused of theft and related offences, directing execution of a bail bond with specific conditions regarding sureties and presence in court.
Petitioner directed to be released on bail with Rs. 10,000 bond and two sureties.
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.
Patna High Court Cr.Misc. No.44833 of 2014 (2) dt.10-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44833 of 2014
Arising Out of PS.Case No. -157 Year- 2014 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH)
====================================================== 1. Ajay Patel Son of Bhagwati Patel resident of village- Dumariya, P.S.Bairiya, District- West Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Yogendra Kr.Singh(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 Bairiya P.S. Case No. 157 of 2014 registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code. Allegedly, acting on a tip off that stolen motorcycles are kept in the house, raid was conducted and from the house of the petitioner stolen motorcycle, dickey, side glass and forged number plate etc. were recovered and he confessed his guilt by stating that he has sold motorcycle to Vijay Kushwaha. The petitioner also confessed that some boys used to bring theft motorcycle and used to sell the same.
Submission at the bar for release of the petitioner
Patna High Court Cr.Misc. No.44833 of 2014 (2) dt.10-12-2014
is that in the seizure list, the place of seizure is shown as village Dumariya and not in the house of the petitioner, the seizure list witnesses have got implicated the petitioner falsely. Vijay Kushwaha has been allowed bail and the case of the petitioner is similar to which the learned A.P.P. opposes.
In the facts and circumstances as stated above, considering the detention of the petitioner since 26.07.2014 now, the petitioner Ajay Patel 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 the learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bairiya P.S. Case No. 157 of 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)
Md. Ibrarul/-
U T
1 issue framed by the court
Whether the petitioner accused under Sections 413, 414/34 IPC is eligible for bail.
Ajay Patel
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
