In a bail petition under Section 395 IPC involving alleged looting of batteries, the High Court of Patna, relying on the bail of similarly situated co-accused, granted bail to the petitioner on furnishing a bond with sureties.
Petitioner was enlarged on bail upon furnishing a bail bond of Rs. 10,000 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9241 of 2017
Arising Out of PS.Case No. -637 Year- 2016 Thana -BHAGALPUR KOTWALI District-
BHAGALPUR
======================================================
.... .... Petitioner/s
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Sri Chaubey Jawahar
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 12-04-2017 Heard both sides.
The petitioner seeks bail in Kotwali (Barari) P.S. case No. 637 of 2016 under Section 395 of the Indian Penal Code.
The informant alleged that 10-12 unknown criminals looted away batteries from the workshop of Bihar State Road Transport Corporation.
It is submitted that petitioner is not named in the FIR. Name of the petitioner figured in the case in the confessional statement of co-accused Jangali Sah but nothing has been recovered from the possession of the petitioner. The petitioner is in jail since 25.11.2016 but he has not yet been put in T. I. parade. Similarly situated accused Sunil Kumar Paswan @ Sunil Paswan
Patna High Court Cr.Misc. No.9241 of 2017 (3) dt.12-04-2017
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@ Sunil Kumar and others have already been granted bail vide order dated 09.03.2017 passed in Cr. Misc. No. 9010 of 2017. The case of petitioner stands on the same footing.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in Kotwali (Barari) P.S. Case No. 637 of 2016.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether petitioner is entitled to bail in the police case alleging looting of batteries.
Sunni Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
