This bail petition arose from a theft case where a motorcycle was recovered. The court granted bail, noting police failed to state the bike was stolen and the petitioner had no prior record.
Petitioner enlarged on bail by furnishing bond of Rs.10,000/ with two sureties of Rs.10,000/- each to Additional Chief Judicial Magistrate, Barh, Patna.
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.4219 of 2015
Arising Out of PS.Case No. -58 Year- 2014 Thana -MARANCHI District- PATNA
======================================================
1. Suraja @ Suraj Master Son of Harekant Singh Resident of vill-Maranchi
Tin Bhaiya,P.S-Maranchi,Distt.-Patna
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Premchandra Yadav, Advocate.
For the Opposite Party/s : Mr. B.N. Pandey, (App)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
2 02-02-2015 Heard both sides.
The petitioner seeks bail in Maranchi P.S. Case No.
58 of 2014, registered for the offences punishable under Sections
413 and 414 of the Indian Penal Code.
The informant a police officer got information that a
theft has come, on such raid was conducted and the petitioner was
arrested. In front of the house of the petitioner, one Hero Honda
motorcycle Glamour bearing Registration No. BR 01AY-1076
was seized.
Learned counsel for the petitioner submits that there
is absolutely no evidence to show that the petitioner committed
theft of the motorcycle. The police under coercion got his
confessional statement. The motorcycle was recovered in front of
Patna High Court Cr.Misc. No.4219 of 2015 (2) dt.02-02-2015
2
the house of the petitioner and not from the possession of the petitioner. The petitioner has got only one case and he in jail since 12.08.2014.
On perusal of records, it appears that the police has not stated anywhere that the recovered motorcycle is stolen one. The petitioner has got only one case and has remained in jail for five months.
Considering the facts aforesaid, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Maranchi P.S. Case No. 58 of 2014.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in theft case where recovered motorcycle lacks charge as stolen property.
Whether lack of evidence regarding stolen nature of recovered bike justifies bail.
2 provisions across 1 enactments
Suraja @ Suraj Master
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
