The High Court granted bail to the petitioner, who was accused of theft under Section 379 IPC, subject to furnishing a bond of Rs. 10,000 and two sureties.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.9992 of 2017
Arising Out of PS.Case No. -745 Year- 2016 Thana -KATIHAR District- KATIHAR
====================================================== Vijay Kumar Sharma @ Joshi, son of Late Lal Chandra Sharma @ Kushal Chandra Sharma, resident of Mohalla- Shiv Mandir Chowk, P.S. and District- Katihar.
.... .... Petitioner/s
The State of Bihar.
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Lalan Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 06-03-2017 Heard both sides.
The petitioner seeks bail in Katihar (Town) P.S. Case No. 745 of 2016 under Section 379 of the Indian Penal Code.
The petitioner was apprehended and is said to have confessed his guilt and in pursuance of his confession, one stolen motorcycle was recovered from near the railway station parking.
It is submitted that the motorcycle was not recovered from the conscious possession of the petitioner and the petitioner has no other criminal antecedent, save and except one case lodged against the petitioner under Excise Act. The petitioner is in jail for more than three months.
Considering the aforesaid fact and circumstances, the
Patna High Court Cr.Misc. No.9992 of 2017 (2) dt.06-03-2017
2/2
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, Katihar in Katihar (Town) P.S. Case No. 745 of 2016.
(Prabhat Kumar Jha, J)
BTiwary/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case under Section 379 IPC.
1 provisions across 1 enactments
Vijay Kumar Sharma @ Joshi
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
