This order grants bail to Deepak Kumar in a theft case (Section 379 IPC). The court noted recovery was made from a nala without forensic evidence against the accused and ordered release on a bond.
Petitioner released on bail upon 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.17712 of 2018
Arising Out of PS.Case No. -389 Year- 2017 Thana -BUDDHACOLONY District- PATNA
======================================================
Deepak Kumar, Son of Raj Kumar Ram, Resident of Mohalla-New Police LIne-Lodipur, P.S.-Budha Colony, District-Patna.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Akhileshwar Dayal
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
3 28-03-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody since 14.11.2017 seeks bail in connection with Budha Colony P.S.Case No. 389 of 2017 registered under Sections 379 of the Indian penal Code.
Allegation in brief is that Scooty was stolen by unknown thief.
It is submitted that recovery is not from conscious possession of the petitioner rather it was recovered by the side of a Nala and merely on suspicion petitioner has been apprehended and has no criminal antecedent.
Having considered the aforesaid facts and circumstances, the petitioner, namely , Deepak Kumar, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub
Patna High Court Cr.Misc. No.17712 of 2018 (3) dt.28-03-2018
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Judge-XVI-Cum-ACJM, Patna in connection with Budha Colony P.S. Case No. 389 of 2017.
(Arun Kumar, J)
Sujit/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail given allegations of theft and lack of criminal antecedents.
Whether recovery of the stolen item from the bank of a nala rather than conscious possession affects bail.
Whether the petitioner can be released on bail upon furnishing a bond with sureties.
1 provisions across 1 enactments
Deepak Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
