The Court granted bail to the petitioner, Binod Paswan, in a case involving assault and alleged theft. Upon surrendering within four weeks, he shall be released by furnishing bonds of Rs. 10,000 with two sureties, subject to CrPC 1973 Section 438(2) conditions.
Petitioner granted bail to surrender within four weeks on bonds of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50014 of 2017
Arising Out of PS.Case No. -133 Year- 2017 Thana -PARSABAZAR District- PATNA
====================================================== Binod Paswan, S/o Late Indradev Paswan, R/o Village- Khairatali, P.O.Mittanchak, P.S.- Parsa Bazar, District- Patna.
... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajen Sahay For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
State.
The petitioner apprehends his arrest in connection with Parsa Bazar No. 133 of 2017 registered under Sections 341, 342, 323, 325 and 379/34 of the Indian Penal Code.
It is submitted that there is general and omnibus allegation of assaulting the informant causing injury and also taking away Scooty of the informant but there is no case of theft as the impugned order itself reveals that Scooty was recovered near the place of occurrence and there is also no injury report in the case diary and the petitioner has got no criminal antecedent.
Having considered the aforesaid facts and circumstances, let the petitioner, namely, Binod Paswan, in the event of arrest or surrender before the court below within four
Patna High Court Cr.Misc. No.50014 of 2017 (2) dt.17-10-2017
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weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Gyatri Kumari, Addl. Chief Judicial Magistrate, Patna in connection with Parsa Bazar P.S.Case No. 133 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Arun Kumar, J)
Sujit/-
U
3 issues framed by the court
Whether the petitioner is eligible for bail given the circumstances of the theft case and lack of criminal antecedents.
What conditions should be imposed for the release of the petitioner on bail.
Whether the petitioner's apprehension of arrest justifies the grant of bail.
1 provisions across 1 enactments
Binod Paswan
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
