Single judge Allahabad High Court released Avinash Yadav on bail in a theft case after six months of custody or framing of charge, irrespective of his criminal antecedents, with specific conditions.
Release on bail after six months of custody or framing of charge, whichever is earlier.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19536 of 2018
Arising Out of PS.Case No. -352 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS)
====================================================== 1. Avinash Yadav, Son of Ram Lakhan Yadav, Resident of VillageBhisaudi, P.S.- Mugalsarai, District- Chandauti (U.P.)
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 10-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code.
The FIR of the occurrence of theft of motorcycle is against unknown. The petitioner is in custody since 29.01.2018.
Submission is that nothing was recovered from possession of the petitioner nor the petitioner was ever put on TI Parade. Charge sheet has already been submitted in this case.
Considering the long list of criminal antecedent of the petitioner, let the petitioner, above named, be released on bail after completion of six months of custody or after framing of the charge whichever is earlier on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the
Patna High Court Cr.Misc. No.19536 of 2018 (2) dt.10-04-2018
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like amount each to the satisfaction of learned Court below where the case is pending in connection with Sasaram (Model) Police Station Case No. 352 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the court below.
(Birendra Kumar, J)
Kundan/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a theft offence after six months of custody.
Whether the court may impose conditions upon granting bail to a petitioner with criminal antecedents.
AVINASH YADAV
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
