In bail application under Cr. Misc. No. 49276 of 2016, the Patna High Court granted bail to Raj Kumar Yadav in PS Case No. 149 of 2016, noting the seizure list failure to record recovery from the petitioner's possession.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount each.
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.
Patna High Court Cr.Misc. No.49276 of 2016 (2) dt.15-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49276 of 2016
Arising Out of PS.Case No. -149 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== 1. Raj Kumar Yadav Son of Rajendar Yadav, Resident of VillageJurabganj, P.S. Korha, District- Katihar. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mrs. Sahin Begum (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
learned APP.
Petitioner unsuccessfully tried to slip with Rs. 20,000/belonging to the informant having been kept in a bag.
Learned counsel for the petitioner has submitted that whatever allegation happens to be, are of palpable and false in the background of the fact that seizure list does not show recovery from the possession of the petitioner. Further submitted that petitioner is under custody since 14.06.2016.
Learned APP opposed the prayer for bail and submitted that petitioner was apprehended at the spot.
Taking into consideration the status of the seizure list, petitioner, Raj Kumar Yadav is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of SDJM, Sikarhana at Motihari, East Champaran in Dhaka PS Case No. 149 of 2016.
(Aditya Kumar Trivedi, J)
perwez
U T
2 issues framed by the court
Whether the petitioner is entitled to bail considering the seizure list discrepancy.
Whether the petitioner's custody since June 14, 2016 warrants immediate release.
Raj Kumar Yadav
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
