Allowed

Surendra Kumar Mandal v. The State Of Bihar

Patna HC7 Apr 2017CR. MISC./9671/2017

Case brief

AI extract

What is this about?

The High Court at Patna, hearing a bail application in a theft case under Sections 379 and 411 IPC, allowed the petitioner to be enlarged on bail after observing that the recovered motorcycle was not found in pursuance of any confession made by the accused.

What did the court decide?

Petitioner directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties.

Surendra Kumar Mandal Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9671 of 2017

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Arising Out of PS.Case No. -718 Year- 2016 Thana -BHAGALPUR KOTWALI District-

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BHAGALPUR

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======================================================

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Surendra Kumar Mandal Son of Ram Ranjan Mandal, Resident of Village- Lakhipur, P.S.- Raj Mahal, District- Sahebganj (Jharkhand).

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The State of Bihar

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.... .... Petitioner/s Versus .... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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4 07-04-2017 Heard both sides.

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The petitioner seeks bail in Kotwali (Tilkamanjhi) P.S. case No. 718 of 2016 under Section 379, 411 of the Indian Penal Code.

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The informant lodged the case against unknown for theft of his motor cycle bearing registration No. BR10W-1452.

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The learned counsel for the petitioner submits that petitioner was apprehended and he is said to have confessed his guilt. The order of learned Sessions Judge shows that in pursuance of confession of the petitioner stolen motor cycle was recovered in front of the hotel of Guddu Singh but true fact is that the informer of police informed in paragraph 19 of the case diary that the stolen

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Patna High Court Cr.Misc. No.9671 of 2017 (4) dt.07-04-2017

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2/2

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motor cycle bearing registration No. BR10W-1452 was found with a suspected person in front of the hotel of Guddu Singh thereupon the motor cycle was recovered in front of hotel of Guddu Singh and petitioner was apprehended after being chased. The petitioner was not apprehended with the motor cycle nor the motor cycle was recovered in pursuance of confessional statement of the petitioner. The petitioner has got no criminal antecedent.

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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 (Tilkamanjhi) P.S. Case No. 718 of 2016.

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(Prabhat Kumar Jha, J)

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BKS/-

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U T

Surendra Kumar Mandal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Surendra Kumar Mandal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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