This is an oral bail order in a criminal miscellaneous matter. The petitioner challenged his custody in a theft case where an accomplice had already been released. The court granted bail upon furnishing a bond of Rs. 10,000 with two sureties.
Enlargement of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.38216 of 2017 (02) dt.11-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38216 of 2017
Arising Out of PS.Case No. -1177 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS)
| ====================================================== Mundrika Rai, son of Late Shivpujan Rai, resident of village Bhitihara, P.S. Itarhi, District Buxar. .... .... Petitioner. Versus |
|---|
| The State of Bihar .... .... Opposite Party. ====================================================== Appearance : |
| For the Petitioner/s : Mr. Sada Nand Roy |
| For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) |
| ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER |
02 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Sasaram Town Model P.S. Case No. 1177 of 2016 registered under Section 379 of the Indian Penal Code.
As per the prosecution case, the motorcycle of the informant is said to have been stolen by some unknown miscreants.
It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner. His name has surfaced in the case on the basis of confessional statement of one Monu Khan @ Rizwan Khan and the said Monu Khan has been granted bail in Cr. Misc. No.21853 of 2017 vide order dated
Patna High Court Cr.Misc. No.38216 of 2017 (02) dt.11-08-2017
22.06.2017. The petitioner has been languishing in custody since
22.02.2017.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Town Model P.S. Case No.1177 of 2016.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner shall be enlarged on bail in a case of theft despite his name surfacing via a confessional statement of an accomplice who has already been granted bail.
1 provisions across 1 enactments
Mundrika Rai
The State of Bihar
Prakasha Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
