In a criminal miscellaneous application, the Patna High Court granted bail to the petitioner accused under Section 395 IPC, directing him to submit a bond with two sureties, one being a close relative.
Petitioner released on bail bond of Rs. 10,000 with two sureties of the like amount, one being a close relative.
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.23946 of 2017
Arising Out of PS.Case No. -182 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS)
====================================================== Ajeet Kumar, Son of Ram Subhag Singh, Resident of Mohalla- Ward No. 6, Kuraich, Mahavir Asthan, P.S.- Sasaram (T), District- Rohtas.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------
4 21-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sasaram(M) P.S. Case No.182 of 2017 registered under Section 395 of the Indian Penal Code.
The accusation is that the truck of the informant and one another truck were stopped by the drivers of the aforesaid trucks as the truck of the informant got punctured. Thereafter, the drivers of the trucks started to replace the tyre of the truck of the informant. In the meantime, four unknown persons having pistols in their hands came and started to cause assault to the drivers of the trucks and took Rs.5000/- of both the drivers and also snatched
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their mobile sets. When the informant reached there, then he found his truck in punctured condition and the drivers were present in the field. Thereafter, the drivers came and narrated about the incident to him.
Learned counsel appearing on behalf of the petitioner submits that the occurrence is of 01.00 A.M. of the night of 18.02.2017 and on the same evening, the petitioner and one Gautam Kumar were apprehended by the police on a motorcycle claiming that both were identified by the drivers but nothing has been recovered from the possession of the petitioner. The petitioner having no criminal antecedent is in custody since 20.02.2017. Moreover, on investigation, the chargesheet has already been submitted by the police against the petitioner.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Sasaram(M) P.S. Case No.182 of 2017. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the
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court about any change in the address of the petitioner.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in connection with Sasaram(M) P.S. Case No.182 of 2017 registered under Section 395 IPC.
1 provisions across 1 enactments
Ajeet Kumar
State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
