This bail order releases a petitioner accused under Sections 379 and 420 IPC. The court approved bail considering the petitioner's ATM card was stolen, the investigation concluded, and he had no criminal antecedents.
Petitioner released on bail by furnishing a bail bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the CJM.
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.26202 of 2015
Arising Out of PS.Case No. -119 Year- 2014 Thana -BHAPATIYAHI District- SUPAUL ====================================================== 1. Rajeev Ram S/o Bechan Ram Resident of village - Khandwadi, @ Ganghwari, P.S. Sakari, District - Madhubani .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 1.4.2015 in a case registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code.
The prosecution case is that from the informant’s bank account Rs.14,700 were withdrawn. During investigation, it was found that from the informant’s account Rs.14,700 were transferred to the account of the petitioner.
It is submitted by the learned counsel for the petitioner that the petitioner’s ATM card was also stolen for which Pandaul P.S. Case No. 183 of 2014 was lodged on 14.9.2014 and thereafter the present case was lodged on 15.9.2014. Statement has been made in paragraph 3 of the petition that the petitioner has no
Patna High Court Cr.Misc. No.26202 of 2015 (2) dt.24-07-2015
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criminal antecedent and the investigation has already concluded.
Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul in connection with Bhaptiyahi P.S. Case No. 119 of 2014.
(Dinesh Kumar Singh, J)
Anil/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail given the theft of his ATM card and concluded investigation.
Whether the petitioner's lack of criminal antecedent and completed investigation entitle him to bail relief.
1 provisions across 1 enactments
Rajeev Ram
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
