The Patna High Court granted bail to the petitioner in a case under Section 392 IPC involving theft of chicken and looting, directing the furnishing of a bond and sureties.
Directed the petitioner to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.
Patna High Court Cr.Misc. No.9765 of 2015 (2) dt.13-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9765 of 2015
Arising Out of PS.Case No. -317 Year- 2012 Thana -GOPALGANJ CITY District- GOPALGANJ
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1. Binda Prasad @ Binda Awadhia Son of Late Ambika Awadhia R/o Vill
Nawada Rajokhar, P.S. Gopalganj, District Gopalganj
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harendra Prasad
For the Opposite Party/s : Mr. Anuradha Singh (App)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
2. 13-03-2015. Heard both sides.
Petitioner seeks bail in a case under Section 392 IPC.
The petitioner is alleged to have taken 2.5 kgs. chicken without
paying the price and he is also alleged to have looted 2000 rupees from the
shop of the petitioner.
It is submitted that other two accused persons have already been
enlarged on bail vide order dated 22.3.2013 passed in Cr.Misc.No.13198 of
2013. The petitioner is in jail since 27.7.2014. On account of same allegation
with regard to payment of the price of chicken, this case been lodged.
Considering the facts aforesaid, the petitioner, named above, 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 Chief Judicial Magistrate, Gopalganj in connection with Gopalganj
P.S.Case No.317 of 2012.
(Prabhat Kumar Jha, J.)
ahk/-
U T
2 issues framed by the court
Whether to grant bail to the accused who is alleged to have abducted poultry and looted money from a shop.
Whether bail would be granted given that other accused in the same case were already released on bail.
Binda Prasad @ Binda Awadhia
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
