The Patna High Court granted bail to the petitioner in a theft case. The court noted that while stolen articles were recovered from a co-accused's room based on his confession, nothing was recovered from the petitioner's possession.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36322 of 2016
Arising Out of PS.Case No. -92 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ====================================================== 1. Pawan Rai @ Pawan Kumar S/o Bhola Rai Resident of Village Motipur, P.S.- Tajpur, District- Sasastipur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 23-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 379 of the Indian Penal Code. The name of petitioner came in this case in confessional statement of co-accused and it appears that stolen articles were recovered from a room on the basis of confessional statement of co-accused, Dharmendra Choudhary.
Submission on behalf of the petitioner is that the said recovery was made from the room of co-accused, Dharmendra Choudhary and as a matter of fact, nothing has been recovered from possession of the petitioner and moreover, petitioner is in jail custody since 15.05.2016 and does not have any criminal
Patna High Court Cr.Misc. No.36322 of 2016 (2) dt.23-08-2016
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antecedent.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Samastipur in connection with Tajpur P.S. Case No. 92 of 2016.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case of theft where stolen articles were recovered from the room of a co-accused based on his confessional statement.
1 provisions across 1 enactments
Pawan Rai
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
