In this criminal miscellaneous matter, the Hon'ble High Court at Patna considered a bail application filed by an accused in a theft case under Section 379 IPC. The court noted the petitioner was in custody since February 29, 2016, and the matter was instituted on suspicion, but rejected the bail prayer.
The prayer of the petitioner for bail is rejected.
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.19493 of 2016
Arising Out of PS.Case No. -44 Year- 2016 Thana -DIDARGANJ District- PATNA ====================================================== Sonu Kumar, Son of late Lal Babu Sharma, Resident of Village- Alampur, Kachchi Dargah, P.S-Didarganj, District Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 12-07-2016 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in connection with Didarganj P.S. Case No. 44 of 2016, registered under Section 379 of Indian Penal Code, pending in the Court of A.C.J.M., Patna City.
Regarding theft of truck of the informant loaded with iron wire, Didarganj P.S. Case No. 44 of 2016 was instituted under Section 379 of Indian Penal Code against unknown. Learned counsel appearing on behalf of the petitioner submits that the petitioner was apprehended by the Police merely on suspicion on 29.02.2016 who got recorded the confessional statement leading to the recovery of the alleged stolen truck under the jurisdiction of Didarganj Police Station. The petitioner having no criminal antecedent is in custody since 29.02.2016.
Patna High Court Cr.Misc. No.19493 of 2016 (3) dt.12-07-2016
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Learned counsel for the State vehemently opposed the prayer of the petitioner and submits that on the basis of the confessional statement of the petitioner, the stolen truck was seized as detailed in para 24 of the case diary.
Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.
(Rajendra Kumar Mishra, J)
manish/U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail given his custody since 29.02.2016 and apprehension on suspicion in Didarganj P.S. Case No. 44 of 2016.
1 provisions across 1 enactments
Sonu Kumar
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
