In a bail application under Section 414 IPC, the Patna High Court directed the lower court to consider a request for regular bail if the petitioner surrenders within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42923 of 2015
Arising Out of PS.Case No. -525 Year- 2014 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== 1. Satish Singh @ Satish Kumar Singh Son of Upendra Singh, R/o Village - Patilhi, P.S. -Hajipur Sadar, District - Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 16-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code.
The prosecution case is that the informant being police officer, got an information that the petitioner resides with his maternal uncle namely Shiv Kumar Sharma alias Nanhak at village Biropur where he has concealed the truck bearing registration number WB- 23C – 8193 loaded with tea leaves, which are being sold gradually. Subsequently, a huge quantity of tea leaves was recovered from the maternal uncle’s house of the petitioner and his in-law’s house.
Patna High Court Cr.Misc. No.42923 of 2015 (2) dt.16-10-2015
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It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the truck and there is nothing on record to suggest that the petitioner robbed tea leaves and stored it at the place of seizure. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the nature of accusation, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Hajipur Sadar P.S. Case No. 525 of 2014 pending in the court of learned C.J.M. Vaishali at Hajipur.
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 admissible to regular bail by surrendering within six weeks in the registered RC.
Satish Singh @ Satish Kumar Singh
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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