The Patna High Court granted bail to the petitioner in a theft case involving a stolen motorcycle, allowing him to be released on furnishing a bond and sureties.
Direction to enlarge the petitioners on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each.
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.
Patna High Court Cr.Misc. No.46079 of 2017 (2) dt.20-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46079 of 2017
Arising Out of PS.Case No. -167 Year- 2017 Thana -BIKRAM District- PATNA
====================================================== Raju Sao son of Meghuni Sao, resident of Village- Bagha Koal, P.S.Bikram, District- Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvan Kumar For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Bikram P.S. Case no. 167 of 2017 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.
The petitioner is said to have stolen the motorcycle of the informant and was apprehended with the said motorcycle in course of driving the same by the informant and his villagers.
It is submitted by the learned counsel for the petitioner that no occurrence as alleged ever took place. As a matter of fact, the petitioner and the informant are preacquainted. The informant has given his motorcycle to the petitioner for driving the same but subsequently got him falsely
Patna High Court Cr.Misc. No.46079 of 2017 (2) dt.20-09-2017
implicated in the case due to animosity by apprehending the same with the help of villagers. The occurrence of theft of the motorcycle is of 06.05.2017 and the said motorcycle is said to have been recovered from the possession of the petitioner on 22.06.2017, but no information given to the police regarding the theft of the motorcycle by the informant for 1 ½ months which creates serious doubt about the statement of the informant. The
petitioner has been languishing in custody since 23.6.2017.
Considering the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Danapur, District-Patna in connection with Bikram P.S. Case No. 167 of 2017.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in connection with the accusation of stealing a motorcycle.
Raju Sao
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
