Criminal Miscellaneous petition for bail in a theft case under IPC 395. The learned Single Judge granted bail subject to conditions including a surety who is a relative and cooperation with proceedings.
Petitioner released on bail with furnishing of bond of Rs. 10,000/- and two sureties, one being a close relative.
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.49255 of 2015
Arising Out of PS.Case No. -61 Year- 2012 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Abodh Sahni Son of Nawal Sahni, Resident of Village - Tariyani Chhapra, P.S. - Tariyani, District - Sheohar. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Arun Kumar Singh-5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 04-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Tariyani P.S. Case No. 61 of 2012 registered for offence under section 395 of the Indian Penal Code.
As per the allegation, in the mid-night, some miscreants entered into the house of the informant and looted his valuable articles in which the petitioner was also identified as one of the miscreants.
It appears from the order passed in Cr. Misc. No. 11401 of 2014 relating to Bhujhawan Sahni @ Bujhavan Sahni who has been granted bail by this Court, the I.O. visited the place of occurrence but not found, any Almirah and Box were any way
Patna High Court Cr.Misc. No.49255 of 2015 (2) dt.04-11-2015
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broken. The case of the petitioner is standing on the same footing and he has no any criminal antecedent.
Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 61 of 2012, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.
(Shivaji Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail in a case involving theft under Section 395 IPC where the petitioner claims no criminal antecedents.
1 provisions across 1 enactments
Abodh Sahni
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
