The Patna High Court granted the petitioner's bail application in a criminal case involving Section 392 IPC. The court directed release on bail subject to specific conditions concerning sureties and absence of the petitioner.
Petitioner directed to be released on bail on bond of Rs. 10,000 with two sureties.
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.34772 of 2015
Arising Out of PS.Case No. -128 Year- 2015 Thana -TRIVENIGANJ District- SUPAUL
====================================================== Ramesh Yadav S/o Late Gayani Yadav Resident of Village Khut Thakurwari, Police Station Jadia, District Supaul. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Arun, Advocate For the State : Mr. A.L.Pandit, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 3 16-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Section 392 of the Indian Penal Code.
It is submitted on behalf of the petitioner that the petitioner has not been named in the first information report and there is no recovery from his possession. However, in view of the statement made later on by some persons that he was also involved in the loot of Rs. 22,000/-, he has been made accused. It is contended that this story has been cooked up and is an after thought as the petitioner was involved in the some cases. Had it been the case that the petitioner was identified by certain persons then they ought to have taken his name before the informant at the time of lodging of first information report itself.
Patna High Court Cr.Misc. No.34772 of 2015 (3) dt.16-10-2015
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Considering the facts and circumstances of the case, the petitioner, namely, Ramesh Yadav is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sri S. Ram, Judicial Magistrate, 1st Class, Supaul in Tribeniganj P.S. Case No. 128/15, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner who shall file affidavit before the concerned court giving complete genealogy to show his / her relationship with him.
If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.
Further, the petitioner shall remain present on each and every date during the course of proceeding in the court below. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner.
(Dr. Ravi Ranjan, J)
Spd/U T
2 issues framed by the court
Whether the petitioner is eligible for bail despite being an accused name in a loot case.
Whether the delay in naming the petitioner in the initial FIR warrants bail.
Ramesh Yadav
The State
Ravi Ranjan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
