In a criminal miscellaneous petition, the petitioner sought bail in an IPC 414 case where a stolen motorcycle was recovered from his joint house, alleging procedural non-compliance under Section 100 Cr.P.C. Dismissing the writ, the Court did not grant bail at that stage.
Petitioner's application for bail was rejected at this stage.
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.8937 of 2017
Arising Out of PS.Case No. -75 Year- 2016 Thana -PAUTHU District- AURANGABAD
====================================================== Amit Kumar Son of Arbind Sharma Resident of Village - Beri, P.S. Pauthu, District - Aurangabad.
.... .... Petitioner
The State of Bihar.
Versus .... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Nityanand
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 15-03-2017 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner seeks bail in a case instituted under Section 414 of the Indian Penal Code.
Allegation against the petitioner is that one stolen Bajaj Pulsar motorcycle bearing registration no. JH 01 BK 0436 is said to have been recovered from his house.
Earlier the application for bail was withdrawn on behalf of the petitioner, hence the same was dismissed as withdrawn. No order was passed on merit of the case.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.10.2016. Charges have already been framed in the present case. The alleged stolen
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motorcycle is said to have been recovered from the joint house of the petitioner. There is no compliance of Section 100 of the Cr.P.C.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. and stolen motorcycle has been recovered from his possession.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage . The same is rejected in Pauthu P.S. Case No. 75 of 2014, pending in the court of learned C.J.M., Aurangabad.
(Sudhir Singh, J.)
Amit/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner in a case under Section 414 IPC who is in custody with allegations regarding a stolen vehicle recovered from his possession despite non-compliance of S
Application of Section 100 Cr.P.C. regarding recovery of stolen property and its impact on bail application.
Merits of the bail application withdrawn and refiled in the High Court.
2 provisions across 2 enactments
Amit Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
