On October 13, 2015, the Patna High Court rejected the bail petition of Dinesh Yadav accused in an alleged robbery case, as he was not inclined to enlarge the parole given the recovery of the looted motorcycle from his house.
The prayer for bail was rejected.
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.26833 of 2015 Arising Out of PS.Case No. -24 Year- 2015 Thana -BASANAHI District- SAHARSA ====================================================== 1. Dinesh Yadav son of Dhana Yadav, resident of village - Louka, P.S. Alamnagar, District- Madhepura .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 13-10-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State. Petitioner seeks bail in connection with Basanahi P.S. Case No. 24 of 2015 registered for the offences punishable under Section 392 of the Indian Penal Code.
Allegedly three motorcycle borne criminals intercepted the informant and his younger brother when they were going on Honda Shine Motorcycle for appearing in practical examination and snatched the key of motorcycle of the informant bearing Registration No. BR 11N 7958 and also took away Rs. 1500/- and the mobiles of informant and his brother. The informant claimed to identify them after seeing. During investigation the name of the petitioner transpires as looted Honda Shine Motorcycle was
Patna High Court Cr.Misc. No.26833 of 2015 (3) dt.13-10-2015
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recovered from the house of the petitioner and co-accused Pawan Pathak was found sleeping therein and he was also arrested.
Submission is of false implication and that the petitioner has not been put on T.I.P.. Lal Sagar Yadav and Pawan Pathak after parking the motorcycle, came and were staying in the house of the petitioner and the petitioner has been made victim of the circumstances and, as such, the petitioner having no criminal antecedent, deserves sympathetic consideration.
The learned A.P.P. opposes the prayer of bail by submitting that from the house of the petitioner, the looted motorcycle has been recovered and chargesheet has already been submitted against the petitioner also.
In the facts and circumstances stated above, considering the alleged recovery from the house of the petitioner, this Court is not inclined to enlarge the petitioner on bail and, as such, prayer of bail stands rejected.
(Jitendra Mohan Sharma, J)
sushma/-
U
1 issue framed by the court
Whether the petitioner is entitled to bail in the recovery stage.
Dinesh Yadav
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
