This bail order granted release to the petitioner, who faced a theft charge, subject to a monetary bond and two sureties, conditioned on his cooperation with the investigation.
Petitioner released on bail with a bond of Rs. 20,000 and two sureties of the same amount each.
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.35377 of 2018
Arising Out of PS.Case No. -17 Year- 2018 Thana -ISHOPUR District- BHAGALPUR
====================================================== Dipak Kumar @ Dipak Kr. Mandal son of Shiv Kumar Mandal, Resident of Village-Ogri, P.S.- Kahalgaon, District- Bhagalpur.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 APP
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 461/379 of the Indian Penal Code.
The FIR of the occurrence of theft of mobile phone is against unknown.
Submission is that the petitioner also sells mobile phones and the recovered mobile from the possession of the petitioner’s shop and other articles does not tally with the alleged theft articles mentioned in the FIR. Petitioner has got no criminal antecedent.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two
Patna High Court Cr.Misc. No.35377 of 2018 (2) dt.20-06-2018
2
sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ishipur (Barahat) Police Station Case No.17 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner is eligible to be released on bail in a theft case FN 461 read with Section 379 of the Indian Penal Code.
Dipak Kumar @ Dipak Kr. Mandal
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
