High Court allowed anticipatory bail to the petitioner apprehending arrest in an IPC case for purchasing and disposing of stolen motorcycles, subject to bond and sureties.
Petitioner released on anticipatory bail by furnishing a bond of Rs. 5000 with two sureties of like amount, subject to conditions under Section 438(2) CrPC.
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.42434 of 2014
Arising Out of PS. Case No. -155 Year- 2010 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Abdul Rauf Alam @ Dr. Rauf, son of Md. Sajjad Alam, resident of VillageKendwa, P.S.- Ranga, District- Sahibganj (Jharkhand). .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Abdul Wadood, Advocate For the Opposite Party/s : Mr. D. P. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 10-04-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case for the
offence under Sections 414/34 of the Indian Penal Code.
The allegation is that the petitioner has been regularly
purchasing the stolen goods and motorcycles from the thieves and has been disposing of the same after disassembling the parts and on effacing the Chesis number and Engine number.
The petitioner submits that his name has transpired in the confessional statement of co-accused. He further submits that nothing has been recovered from his possession.
In that view of the matter, in the event of arrest or surrender before the court below within four weeks from today the above named petitioner be released on anticipatory bail on furnishing bail bond of Rs.5000/- (Five thousand) with two
Patna High Court Cr.Misc. No.42434 of 2014 (2) dt.10-04-2015
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sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case no. 155 of 2010, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Samarendra Pratap Singh, J.)
Uday/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in an IPC offence regarding purchasing stolen goods.
2 provisions across 2 enactments
Abdul Rauf Alam @ Dr. Rauf
The State of Bihar
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
