In this bail application under section 395 IPC, the Patna High Court directed the release of the petitioner on bond with two sureties and specific reporting and conduct conditions.
Petitioner directed to be released on bail with Rs. 10,000 bond and two sureties, subject to reporting conditions and risk of cancellation.
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.39273 of 2016
Arising Out of PS.Case No. -80 Year- 2014 Thana -WAJIRGANJ District- GAYA ====================================================== Bharat Sao, S/o Rameshwar Sao, R/o Village- Mastalipur, P.S.- Mofassil, District- Gaya. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 16-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Wazirganj (Tankuppa) P.S. Case No. 80 of 2014 registered for offence under section 395 of the Indian Penal Code.
As per the first information report, it is a case of section 395 I.P.C., but during investigation it was transpired that the SIM No. 9931947677 was being used by one Ravindra Kumar Singh, he has informed the Police that he has found it from the petitioner. From the case diary it appears that the petitioner is running a Chicken shop and some one has left that mobile and SIM was being used by Ravindra Kumar Singh.
The Police has investigated the matter and submitted
the charge sheet.
Patna High Court Cr.Misc. No.39273 of 2016 (4) dt.16-11-2016
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In such view of the matter, the petitioner-Bharat Sao 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 Shri Jigar Shah, Judicial Magistrate 1st class, Gaya in connection with Wazirganj (Tankuppa) P.S. Case No. 80 of 2014, subject to the condition that (i) one of the bailors shall be father/mother/wife/son 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 (iii) the petitioner would cooperate 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 and (iv) the petitioner will report to Wazirganj (Tankuppa) Police Station by 7th of every month at least for six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.
(Shivaji Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether the petitioner, cautioned for offence under section 395 IPC, should be released on bail with conditions.
Bharat Sao
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
