This short order granted bail to the petitioner, who was in jail for allegedly causing loss of truck and wheat due to intoxication. The court approved release on Rs. 10,000 bail with two sureties.
Petitioner released on bail of Rs. 10,000 with two sureties of Rs. 10,000 each to Judicial Magistrate Sherghatti, Gaya.
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.31933 of 2015
| Arising Out of PS.Case No. -159 Year- 2015 Thana -BARACHATTI District- GAYA |
|---|
| ====================================================== 1. Rakesh Kumar @ Rakesh Kumar Pal Son of Bansidhar Pal resident of village - Khora, Ghaziabad, District - Ghaziabad ( Uttar Pradesh ) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Narendra Kumar Singh(App) ====================================================== |
| CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER |
| 4 24-11-2015 Heard learned counsel for the petitioner as well as |
| learned Additional Public Prosecutor for the State. |
Petitioner is in jail custody since 3.05.2015 in a case registered under section 407 of the Indian Penal Code.
No doubt, petitioner was driver cum owner of the truck
but admittedly, nothing has been recovered either from possession of the petitioner or on the basis of his discloser made before the police. The stand of the petitioner is that while he proceeded along with his truck loaded with wheat, some persons gave intoxicated sweets to him as a result of which he became unconscious and when he regained his consciousness, he found himself in Barachatti market. Furthermore, it is the stand of the petitioner that when he went to lodge the case about missing of his
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truck as well as looted wheat, the concerned police officials did not institute any case.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st class, Sherghatti, Gaya in connection with Barachatti P.S. Case No. 159 of 2015, subject to condition that one of the sureties must be resident of State of Bihar and holder of landed property.
(Hemant Kumar Srivastava, J)
N.K/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving theft/unlawful loss of property by intoxication?
Whether the bail bonds conditions are satisfied for the petitioner's release?
1 provisions across 1 enactments
Rakesh Kumar @ Rakesh Kumar Pal
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
