The Patna High Court granted bail to the petitioner in a criminal case involving theft and criminal conspiracy. Bail was granted on bond with conditions, including one surety being his father.
Petitioner directed to be released on bail on bond of Rs. 10,000 with two sureties of like amount, one being his father.
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.50426 of 2015
Arising Out of PS.Case No. -49 Year- 2015 Thana -BARARI District- KATIHAR ====================================================== Lal Jha @ Red Jha @ Red Mishra @ Lal Kumar Jha, son of Pankaj Jha, resident of village- Mansahi Hat, P.S.- Mansahi, District- Katihar .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Awadhesh Kumar Mishra, Advocate For the State : Mr. Rajendra Pd.Nat (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
2 10-11-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered under Sections 394 and 120(B) of the Indian Penal Code.
It has been submitted on behalf of the petitioner that F.I.R. is against unknown persons, however, the petitioner’s name has come in the matter after alleged self- inculpatory confessional statement of the co-accused. There is no recovery from him and he has not been put on Test Identification Parade till date. It is contended that co-accused, Rajesh Kumar Yadav and Md. Akram Khan have already been granted bail vide order dated 16.09.2015 passed in Criminal Miscellaneous Nos.21083 of 2015 and 20219 of 2015. Petitioner is stated to be custody since 20.05.2015.
Patna High Court Cr.Misc. No.50426 of 2015 (2) dt.10-11-2015
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Having regard to the facts and the circumstances of the case, the petitioner, Lal Jha @ Red Jha @ Red Mishra @ Lal Kumar Jha is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Sri Sunil Kumar-III, Katihar in connection with Barari P.S. Case No.49/2015 with a condition that one of the bailors must be his father. Further, if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.
(Dr. Ravi Ranjan, J)
Sanjay-II/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case registered under Sections 394 and 120(B) IPC where the FIR is against unknown persons.
1 provisions across 1 enactments
Lal Jha @ Red Jha @ Red Mishra @ Lal Kumar Jha
The State of Bihar
Ravi Ranjan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
