Petitioner applied for bail in a theft case under Section 379 IPC where he was not named in the FIR and no stolen property was recovered from his custody. The court allowed bail after hearing both sides.
Petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37534 of 2015
Arising Out of PS.Case No. -91 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Surendra Sah son of late Muneshwar Sah resident of village Inayatpur P.S. Daudpur District Saran at Chapra. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 25-08-2015 Heard both sides. The petitioner seeks bail in a case registered for the offences punishable under sections 379 of the Indian Penal Code.
The case was lodged against unknown for the theft of a Bolero vehicle. The petitioner is not named in the F.I.R. Nothing has been recovered from possession of the petitioner. Stolen Bolero was recovered from a temple situated in village Gopalpur and not from possession of the petitioner. The petitioner is in jail since 02.05.2015.
Considering the facts aforesaid, the petitioner above named, is directed to be enlarged on bail on furnishing bail
Patna High Court Cr.Misc. No.37534 of 2015 (2) dt.25-08-2015
2
bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Town P.S. Case No. 91 of 2015.
(Prabhat Kumar Jha, J)
Amin/-
U
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail in a theft case where he is not named in the FIR and no stolen property was recovered from his possession.
1 provisions across 1 enactments
Surendra Sah
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
