The Patna High Court granted bail to petitioner Raj Kumar accused of theft under Sections 34, 406 IPC, finding mere suspicion and custodial status insufficient to justify detention.
Petitioner released 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24321 of 2016
Arising Out of PS.Case No. -116 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== 1. Raj Kumar S/o Village Kumar Singh R/o Village- Mani, PS Vikramganj, Distt Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
3 19-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered under Sections-406/34 of the Indian Penal Code.
Petitioner was working as Branch Manager of Alchemist Township India Ltd. Company at Aurangabad and it is alleged that he gave information to Zonal Manager about the missing of near about Rs. 11,00,000/- (Rs. Eleven Lacs) from the chest of the aforesaid company and having got the aforesaid information, the informant, being Zonal Manager lodged the present case. In course of investigation, the informant in his further statement, admitted that one key of the locker was at Patna
Patna High Court Cr.Misc. No.24321 of 2016 (3) dt.19-07-2016
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in possession of other person. Moreover, having gone into entire case diary, I find that except suspicion, there is nothing against the petitioner and he has been made accused only because of being custodian of the aforesaid locker.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nagar P.S. Case No. 116 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case of theft alleging misappropriation of company funds.
Whether suspicion against the petitioner warrants his continued detention or if bail should be granted.
1 provisions across 1 enactments
Raj Kumar
State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
