In bail proceedings regarding theft of a motorcycle, the High Court granted the petitioner bail upon furnishing a bond of Rs. 10,000 with two sureties, dismissing concerns about a concocted case.
Petitioner enlarged on bail by furnishing a bail bond of Rs. 10,000 with two sureties of 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52661 of 2016
Arising Out of PS.Case No. -540 Year- 16 Thana -ARA NAWADA District- BHOJPUR
====================================================== 1. Baleshwar Yadav @ Babloo Yadav, son of Sri Bhagwan Yadav, resident of Village- Gadaipur, Police Station- Itadhi, District- Buxar.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Rajeev Nayan
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 16-12-2016 Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners seek bail in connection with Ara P.S. Case No. 540 of 2016, registered for the offences punishable under Sections 414 of the Indian Penal Code.
Allegation against the petitioner is that one motorcycle has been recovered form the possession of the petitioner.
It has been submitted on behalf of the petitioner that two prosecution case is concocted and Annxure-2 show that occurrence of theft, of motorcycle was took at 9.30 PM on 06.09.2016 and the motorcycle was recovered from Ara just after
Patna High Court Cr.Misc. No.52661 of 2016 (3) dt.16-12-2016
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one hour from the same date. It has been submitted that petitioner has no criminal antecedent and he is incarcerating in jail custody since 07.09.2016.
Learned A.P.P. opposes the prayer for bail
application.
Having heard both sides, considering the facts and circumstances of the case, let the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, at Ara in Ara Nawada P.S. Case No. 540 of 2016.
(Vinod Kumar Sinha, J)
siddharth/-
U
1 issue framed by the court
Whether the petitioner is eligible to be granted bail in the present circumstances.
1 provisions across 1 enactments
Baleshwar Yadav @ Babloo Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
