In a bail petition by her arrest in an IPC case, the High Court of Patna allowed the application, directing the petitioner to furnish bonds with sureties and comply with standard bail conditions.
Petitioner released on bail with bonds of Rs 10,000 and two sureties of similar amount, subject to standard conditions.
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.30148 of 2017
Arising Out of PS.Case No. -112 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH)
====================================================== Sheikh Thag, Son of Late Sharif Sheikh, resident of Village- Chand Barwa, P.S.- Sathi, District- West Champaran.
.... .... Petitioner/s
The State of Bihar.
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Sri Amrendra Prasad, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
Heard learned counsel for the petitioner and learned
2 07-07-2017
APP for the State.
This is a case registered under Sections 413 and 414/34 of the Indian Penal Code.
As per written report the police searched the house of one Alamgir and certain articles mentioned in the seizure list were recovered.
Counsel for the petitioner submits that on the basis
of disclosure of said Alamgir, the name of the petitioner has been dragged in the instant case. The seizure list which formed the part of the FIR shows that the recovered articles are of common use and insignificant. He further submits the petitioner has no
Patna High Court Cr.Misc. No.30148 of 2017 (2) dt.07-07-2017
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criminal antecedent prior to the instant case and he is in jail custody since 25.05.2017.
In the facts and circumstances of the case, prayer for
bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Bettiah, West Champaran in Sathi P.S. Case No. 112 of 2016 subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.
(Madhuresh Prasad, J)
Prakash/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case under Sections 413 and 414/34 of the Indian Penal Code.
1 provisions across 1 enactments
Sheikh Thag
State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
