In a bail application under Sections 457, 380, 411 and 414 IPC, the court rejected immediate relief but directed the Prison Superintendents to release the petitioner on bail after the charge-sheet is filed by the trial court.
None; to be released on bail after framing of charges.
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.12473 of 2018
Arising Out of PS. Case No.-654 Year-2017 Thana- SHASTRINAGAR District- Patna
======================================================
Dinesh Kumar @ Guddu, S/o Ramjee Prasad, R/o Mohalla Chaili Tand, Kamra School, Dhobiniya Gali, P.S.-Alamganj, Dist.-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
3 18-04-2018
Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Shastri Nagar PS Case No.654 of 2017 registered under Sections 457, 380, 411 and 414 of the Indian Penal Code.
Allegation in brief is that the petitioner was apprehended red handed on the spot while trying to escape away after committing theft in the wee hours.
Learned counsel for the petitioner submits that nothing was recovered from possession of the petitioner rather the stolen articles were produced and common articles were recovered from his house; whereas the learned counsel for the State submits that the petitioner was caught red handed while trying to escape away after committing theft and he has also
Patna High Court Cr.Misc. No.12473 of 2018(3) dt.18-04-2018 2/2
criminal antecedent of similar nature.
Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected in connection with Shastri Nagar PS Case No.654 of 2017 pending in the court of learned Sub-Judge-IV-cum-Additional Chief Judicial Magistrate-IV, Patna.
However, the petitioner may be released on bail after framing of the charge by the court below itself.
(Arun Kumar, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is in custody pending trial in a theft case.
Dinesh Kumar @ Guddu
The State of Bihar
ARUN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
