In bail application under CrPC, High Court granted regular bail to petitioner apprehending arrest in theft case, directing surrender within six weeks.
Regular bail granted contingent on petitioner surrendering within six weeks in connection with the pending case.
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.32622 of 2014
Arising Out of PS.Case No. -96 Year- 2014 Thana -MANIHARI District- MUZAFFARPUR ====================================================== 1. Lal Babu Paswan Son of Baidyanathi Paswan Resident of Mohalla Ratwara, Kacchi Pakki, P.S.- Sadar, District- Muzaffarpur, Permanent address- village- Atardah, Pokhariadih, P.S.- Sadar, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 06-02-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 379 and 411 of the Indian Penal Code.
Electric meters were stolen from the Industrial Technical Training Centre. One of the stolen meters were recovered from the scrap shop of the petitioner.
It is submitted by learned counsel for the petitioner that even assuming the accusation in the FIR, no case under section 379 IPC is made out. It is further submitted that since the petitioner had no knowledge of the seized meter being stolen one, hence no offence under section 411 IPC also is made out.
Patna High Court Cr.Misc. No.32622 of 2014 (2) dt.06-02-2015
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The aforesaid facts constitute good grounds for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioners surrender within six weeks from today in connection with Maniyari P.S. Case No. 96 of 2014 pending in the court of learned JM Ist Class, Muzaffarpur.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J)
Anil/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail by surrendering within six weeks in a theft and criminal breach of trust case.
2 provisions across 1 enactments
Lal Babu Paswan
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
