Criminal Miscellaneous application filed for bail by petitioner Rajesh Kumar in theft case. Court granted bail after noting lack of antecedents and suspicion-only allegations, despite investigation conclusion.
Release on bail by furnishing bonds of Rs.10,000/- with two sureties to Chief Judicial Magistrate, Araria.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14097 of 2015
Arising Out of PS.Case No. -741 Year- 2014 Thana -FORBESGANJ District- ARRARIA ====================================================== Rajesh Kumar son of Shibu Das Resident of Forbesganj, Ward No. 09, Police Station - Forbesganj, District - Araria. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Verma For the Opposite Party/s : Mr. Ashok Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 01.12.2014 in a case registered for the offences punishable under Sections 457/380 of the Indian Penal Code. It is alleged that the petitioner being the neighbour of the informant committed theft of Rs.16,000/- from the house of the informant. It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that the investigation has
Patna High Court Cr.Misc. No.14097 of 2015 (02) dt.27-04-2015
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already concluded, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 741 of 2014.
(Dinesh Kumar Singh, J)
DKS/U T
2 issues framed by the court
Whether the petitioner eligible for release on bail given suspicions only and lack of criminal antecedent
Whether investigation concluding precludes bail application
1 provisions across 1 enactments
Rajesh Kumar
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
