The Patna High Court granted bail to the petitioner in a case under Section 414 IPC involving a stolen motorcycle. The court noted the petitioner was implicated via a co-accused's confession and had no criminal antecedents.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.
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.51513 of 2017
Arising Out of PS.Case No. -110 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR)
====================================================== Radheyshyam Singh Son of Tapeshwar Singh Resident of VillageMahipura, P.S. Jandaha District Vaishali.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Lovekush Kumar, Advocate. For the Opposite Party : Mr. Ram Bilash Roy Raman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 24-11-2017 Heard the counsels for the parties.
The petitioner seeks bail in connection with Jandaha P.S. Case No. 110 of 2017 dated 01.07.2017 instituted for the offence under Section 414 of the Indian Penal Code.
One stolen motorcycle was recovered from the house
of one Guddu Kumar. The aforesaid Guddu Kumar gave an explanation that the recovered motorcycle was given to him by his brother-in-law, Deepak Kumar, for being kept safely. Deepak Kumar, on his arrest, disclosed that the petitioner as well as one Devendra Rai use to lift motorcycles and for the purposes of the same being sold in the market, they were concealed in other house.
Learned counsel for the petitioner submits that the petitioner has not been made accused in any other case in past.
Patna High Court Cr.Misc. No.51513 of 2017 (3) dt.24-11-2017 2
Since the implication of the petitioner is on the confession of a co-accused and petitioner does not bear any criminal antecedent, this Court is inclined to grant bail to him.
In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate XI, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 110 of 2017.
(Ashutosh Kumar, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in connection with offence under Section 414 IPC given his lack of criminal antecedents.
Whether the implication of the petitioner on the confession of a co-accused warrants the grant of bail.
1 provisions across 1 enactments
RADHEYSHYAM SINGH
THE STATE OF BIHAR
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
