Petitioner challenged bail in a theft case, arguing false implication due to reliance on a confessional statement alone. The court granted bail on 10,000 rupees.
Released on bail of Rs. 10,000 with two sureties of the like amount each, subject to furnishing an affidavit undertaking.
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.51313 of 2016
Arising Out of PS.Case No. -68 Year- 2016 Thana -KASIMBAZAR District- MUNGER
====================================================== 1. Md. Wali @ Md. Bali Son of Md. Jahir Resident of Mohalla- Bari Bazar, P.S. Kotwali, District Munger.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Pancha Nand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
The petitioner is languishing in jail since 17.08.2016 in a case registered for offences punishable under Section 379 of the Indian Penal Code.
The prosecution case as lodged by the informant is that while he went to the clinic of a doctor and left the key of the bike, after returning, he found his motorcycle missing.
Learned counsel for the petitioner submits that he is innocent and he falsely been implicated in the aforesaid case. He submits that he is not named in the F.I.R. and only on the confessional statement of Md. Safal @ Saffiullah, who was arrested that he was confessed the name of the petitioner, which has no evidentiary value in the eye of law. It has further been submitted that no T.I. Parade has been done and nothing has been
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recovered from the possession of the petitioner.
Learned A.P.P. for the state opposes the prayer for bail.
Considering the facts and circumstances of the case and materials available on the record, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/with two sureties of the like amount each the to the satisfaction learned Chief Judicial Magistrate, Munger in connection with G.R. No. 893 of 2016 arising out of Kasim Bazar P. S. Case No. 68/ 2016.
This is however subject to the condition that the petitioner will file an undertaking duly supported by the personal affidavit before the Trial Court and he will appear physically before the Court below on each and every date till the disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, this liberty granted will be deemed to be cancelled.
With these observations and directions, this bail
application is allowed.
Sudha/U T
(Nilu Agrawal, J)
1 issue framed by the court
Whether the petitioner should be released on bail in a theft case where he contends he was falsely implicated via a confessional statement.
1 provisions across 1 enactments
Md. Wali @ Md. Bali
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
