The Patna High Court granted bail to the petitioner in a theft case after a recovered stolen mobile phone was found in his possession, while ordering strict safeguards regarding future offenses.
The petitioner was released on bail on furnishing a bond of Rs. 10,000/- with two sureties, subject to specific conditions.
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.21198 of 2016
Arising Out of PS.Case No. -12 Year- 2016 Thana -PIRBAHOR District- PATNA ====================================================== Suraj Kumar Chaudhary S/o Dukhan Chaudhary @ Shrawan Chaudhary R/o Vill- and PS Karha, Distt Katihar. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Shailendra Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 20-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Pirbahore P.S. Case No. 12 of 2016 registered for offences under sections 379 of the Indian Penal Code.
Allegation has been made that a stolen mobile phone was recovered from the possession of the petitioner who is in jail since 18.03.2016.
Looking to the nature of allegation, 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 Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No.
Patna High Court Cr.Misc. No.21198 of 2016 (2) dt.20-05-2016
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12 of 2016, 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 in 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 bail in the theft case considering the recovery of the stolen mobile phone from his possession.
1 provisions across 1 enactments
Suraj Kumar Chaudhary
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
