Petitioner in custody for unauthorized possession of a motorcycle under IPC 414 was granted bail on furnishing a bond and executing standard conditions including appearance before the court and non-tampering with evidence.
Petitioner released on bail with a bond of Rs. 10,000 and two sureties, subject to standard conditions.
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.30293 of 2018
Arising Out of P.S.Case No. -206 Year- 2018 Thana -BARACHATTI District- GAYA
====================================================== Shivnandan Yadav S/o Rajdeo Yadav, R/o Vill.- Gopalkeda, P.S.Mohanpur, District- Gaya.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nikhilesh Kumar For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
3 04-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner is in custody in connection with Barachatti (Mohanpur) P.S.Case No.206 of 2018 registered for an offence under section 414 of the IPC.
The informant of this case is police officer who in course of checking the vehicle intercepted this petitioner and on interrogation he did not produce any paper showing ownership of the motorcycle in question and accordingly the FIR was lodged for the offence under Section 414 of the IPC.
It has been submitted that the petitioner had purchased the motorcycle in question from a motorcycle mechanic. The petitioner had paid sale price in part and so owner had not given
Patna High Court Cr.Misc. No.30293 of 2018 (3) dt.04-07-2018
2/2
any documents. The said motorcycle has not been claimed by any person. The petitioner is in custody since 19.03.2018 having clan antecedent.
The learned APP opposed the submissions.
Considering the facts and circumstances of the case,
prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S.Case No.206 of 2018 with following
conditions:-
(i)
(ii)
(iii)
One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
The petitioner will not induce any witness or tamper with the evidence.
The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J)
B.Kr./U T
1 issue framed by the court
Whether the petitioner, charged under Section 414 of the IPC regarding unauthorized possession of a motorcycle, merits bail.
1 provisions across 1 enactments
Shivnandan Yadav
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
