In bail application under Section 392 IPC, High Court refused regular bail due to petitioner's long criminal history and lack of recovery, granting liberty to renew prayer after six months and dismissing the petition.
Petitioner granted liberty to renew bail prayer after six months; prayer for bail rejected and petition dismissed.
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.39462 of 2017
Arising Out of PS.Case No. -472 Year- 2016 Thana -SUPAUL District- SUPAUL
======================================================
MD. SAKIL SANU @ LALO @ MD. SAKIL, S/o Md. Shalaudin, R/o village- Machhabakhra, ward no. 9, P.S. & District- Madhepura.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The petitioner seeks regular bail in connection with Supaul P.S. Case No. 472 of 2016, registered for the offence punishable under Section 392 of the I.P.C.
The allegation against the petitioner is with regard to snatching the motorcycle from an advocate.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated and no recovery has been made from his possession. Hence, he should be extended the privilege of regular bail.
From perusal of the records as well as para 3 of this petition, it is apparent that the petitioner is an accused in a number of cases and has a long criminal history. Hence, I am not inclined
to enlarge the petitioner on bail at this stage.
Patna High Court Cr.Misc. No.39462 of 2017 (2) dt.19-08-2017
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Having regard to the facts and circumstances of the case, I deem it fit and appropriate to grant liberty to the petitioner to renew his prayer for bail after six months.
The prayer for bail is rejected.
Accordingly, the petition stands dismissed.
(Mohit Kumar Shah, J)
khushbu/-
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail considering his long criminal history and lack of recovery from his possession.
Whether the petitioner's prayer for bail should be allowed on merits or dismissed.
1 provisions across 1 enactments
MD. SAKIL SANU @ LALO @ MD. SAKIL
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
