Single judge order granting bail to petitioner in a case involving offences under Sections 384, 413, 414, 420, 120B, 406 IPC. Court relied on lack of incriminating documents recovered from petitioner.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36329 of 2016
Arising Out of PS.Case No. -300 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Pawan Upadhyay Son of Late Shashikant Upadhyay, resident of Dhobhi, P.S. Dobhi, District- Gaya. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 29-08-2016 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 Sections 384, 413, 414, 420, 120B, 406 of the Indian Penal Code.
No doubt, petitioner is named in the first information report but the name of petitioner came in this case in confessional statement of co-accused, who happens to be driver of the truck and the said co-accused stated that it was petitioner and one other, who got clear his truck on the check post. The impugned order reveals that except the aforesaid material, there is nothing against the petitioner and admittedly, no incriminating document has been recovered from possession of the petitioner.
Patna High Court Cr.Misc. No.36329 of 2016 (2) dt.29-08-2016
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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, Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 300 of 2016.
(Hemant Kumar Srivastava, J)
SHAHZAD/U T
1 issue framed by the court
Whether to grant bail to the petitioner in offences under Sections 384, 413, 414, 420, 120B, 406 of the Indian Penal Code.
Pawan Upadhyay
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
