This case concerns an application for bail under Section 438 of CrPC. The petitioner challenged his arrest in a theft case involving three cane receipts. The court granted bail with conditions.
Petitioner enlarged on bail on furnishing bond of Rs. 25,000 with two sureties of the like amount each subject to specific 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.32465 of 2018
Arising Out of PS.Case No. -791 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH)
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.... .... Petitioner/s Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeeb Kumar Sanju For the Opposite Party/s : Mr. Sri Manish Kumar 2
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 28-06-2018 The petitioner is apprehending his arrest in connection
with Complaint Case No. 791 of 2016, registered for offences punishable under Sections 406 and 120 (B) of the Indian Penal Code.
Allegation against the petitioner and other accused persons is of committing theft of three cane receipts from the pocket of the complainant and making payment on the basis of the said cane receipts.
It has been submitted on behalf of the petitioner that he has falsely been made accused in this case, which will appear from the fact that there is delay of three years in lodging the case and
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materials collected during the course of investigation, witnesses have not taken the name of petitioner.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Bagaha, West Champaran, in connection with Complaint Case No. 791 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:-
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without
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showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail on hinges of false impugnation in connection with the complaint case.
Whether the apprehension of arrest against the petitioner has been justified.
1 provisions across 1 enactments
Deo Narayan Singh
The State of Bihar
Hiralal Choudhary
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
