Allowed bail application of petitioner accused in theft case. Petitioner not named in FIR, implicated via co-accused confession, no antecedents. Granted bail on Rs 10,000 bonds with conditions.
Bail granted on bond of Rs 10,000 with two sureties of similar amount to C.J.M., Madhepura.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No 45248 of 2017
Arising Out of PS.Case No. -113 Year- 2017 Thana -SINGHESHWARASHTHAN District-
MADHEPURA
======================================================
Chhotu Kumar @ Chhotu Swarnkar, son of Sri Rajeshwar Swarnkar @ Mahendra Swarnkar, Resident of Village – Durga Chauk Singheshwar, PS – Singheshwar, District - Madhepura
.... .... Petitioner/s
The State of Bihar
Versus .... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr Shailendra Kumar Singh, Advocate For the S t a t e : Mr Suresh Prasad Singh, APP
====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
2 19-09-2017 Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner seeks bail in a case registered under Section 379 of Indian Penal Code.
Petitioner is accused in a case alleging theft of motorcycle. Counsel for the petitioner submits that he is not named in the first information report and that he has been dragged in this case on the basis of confessional statement made by coaccused Prem Sagar. The allegedly stolen motorcycle of the informant was recovered by the police from the possession of coaccused Prem Sagar. No recovery whatsoever has been made from the petitioner. Petitioner is in custody since 22.07.2017. It is also submitted that prior the instant case, there is no criminal
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antecedent against the petitioner.
Considering the aforesaid submissions, prayer for bail 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 Chief Judicial Magistrate, Madhepura in Singheshwar Police Station Case No 113 of 2017 subject to the following conditions:
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receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.
(v) That the petitioner will be well represented on each date
and if he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H. /-
U T
1 issue framed by the court
Whether the prayer for bail of the petitioner accused of theft should be allowed considering he is not named in the FIR and has no antecedents.
Chhotu Kumar @ Chhotu Swarnkar
State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
