In an oral order, the Patna High Court granted bail to the accused petitioner in a theft case involving snatching of a motor cycle and money. The court considered representations regarding the petitioner not being named in the FIR.
Enlargement on bail on furnishing a bond of Rs. 10,000 with two sureties of similar amount.
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.39605 of 2016
Arising Out of PS.Case No. -102 Year- 2015 Thana -AURAI District- MUZAFFARPUR ====================================================== 1. Ratan Singh Son of Uma Shankar Singh resident of village - Sheikpura Akharaghat, P.S. Ahiyapur, District Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 28-11-2016 Heard both sides.
The petitioner seeks bail in Aurai P.S. case No. 102 of 2015 under Section 392 of the Indian Penal Code. Later on Section 411 of the IPC was also added.
The informant alleged that three persons snatched his motor cycle and Rs. 2,75,000/-.
The learned counsel for the petitioner submits that petitioner is not named in the FIR. The motor cycle of the informant bearing registration No. BR06AC-3598 was recovered from a lonely place. Firstly, Shanu Kumar was apprehended and he is said to have confessed his guilt and disclosed the name of the petitioner, Ratan Singh. The petitioner was also apprehended and police took the confessional statement of the petitioner and
Patna High Court Cr.Misc. No.39605 of 2016 (3) dt.28-11-2016
2/2
submitted charge sheet. The petitioner was not put on test identification parade. Nothing has been recovered from the possession of the petitioner. The petitioner is in custody since 15.01.2016. The petitioner has already remained in jail for about 11 months. Similarly situated accused Shanu Kumar has already been granted bail vide order passed in Cr. Misc. 21214 of 2016.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Tripathi, learned Judicial Magistrate, 1st class, Muzaffarpur in Aurai P.S. Case No. 102 of 2015.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail upon representation that he was not named in the FIR and has been in custody for 11 months.
2 provisions across 1 enactments
Ratan Singh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
