In a bail petition under UOI Section 392/34 IPC, the petitioner argued non-naming in FIR and lack of recovery from him. The court enlarged him to bail.
Ordered enlargement on bail on 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.1146 of 2018
Arising Out of PS.Case No. -149 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR
====================================================== Jitendra Kumar Singh, S/o Late Shyam Lal Singh, Resident of VillageDadhia Bhagwanpur, P.S.-Bochha, District-Muzaffarpur.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate. For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Ujiyarpur P.S. Case No. 149 of 2017 registered under Section 392/34 of the Indian Penal Code.
Bolero pickup van of the informant is said to have been looted by four unknown car borne criminals.
It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. Nothing has been recovered from his conscious physical possession. He has been falsely implicated in this case merely on confessional statement of co-accused Manjit Kumar who has stated that he along with other accused persons had parked the said pickup van at his house. The
Patna High Court Cr.Misc. No.1146 of 2018 (2) dt.10-01-2018
2/2
Seizure list does not indicate the place of recovery of the aforesaid vehicle rather only name of the petitioner is figured in the column of place of recovery. Seizure list also doe not bear the signature of the petitioner. The petitioner has been languishing in custody since 08.09.2017.
In the facts and circumstances of the case, 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 Sub-Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiyarpur P.S. Case No. 149 of 2017.
(Prakash Chandra Jaiswal, J)
Mishra/-
U T
1 issue framed by the court
Whether the petitioner, a non-FIR accused falsely implicated without recovery of articles from his possession, is entitled to bail.
1 provisions across 1 enactments
Jitendra Kumar Singh
State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
