The Patna High Court granted anticipatory bail to the petitioner in a case concerning theft and criminal trespass, allowing release upon arrest if bail conditions were satisfied.
Release on bail bonds of Rs. 10,000 each with two sureties upon arrest or surrender within six weeks, subject to standard 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.2471 of 2016
Arising Out of PS.Case No. -38 Year- 2015 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH)
====================================================== Jitendra Sahani @ Jetendar Sahani S/o Jagdish Sahani, resident of village - Jarlahiya Sirisiya, P.S. Naurangia, District - West Champaran .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 18-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Laukariya P.S. Case No. 38 of 2015, disclosing offences under Sections 379 and 414 of the Indian Penal Code.
It is contended on behalf of the petitioner that the stolen motorcycle was recovered from his possession rather it was recovered from the possession of one Nandu Sahani. The petitioner came to be implicated in the present case on the basis of confessional statement of the said co-accused. Learned counsel for the petitioner contends that over and above this, there is no allegation so far as the petitioner is concerned. He further submits
Patna High Court Cr.Misc. No.2471 of 2016 (2) dt.18-01-2016
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that the petitioner has no criminal antecedent.
In view of the submission as above, this application is allowed.
Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, District-West Champaran in connection with Laukariya P.S. Case No. 38 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
Vats/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in the pending complaint regarding theft and trespass.
1 provisions across 1 enactments
Jitendra Sahani
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
