Bail granted to petitioner in an IPC 394 case where pencils were filed against him and mobiles recovered from his house are not linked to the stolen property in the FIR.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.43473 of 2018 (2) dt.19-07-2018
1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43473 of 2018
Arising Out of PS.Case No. -8 Year- 2018 Thana -SABAUR District- BHAGALPUR
====================================================== 1. Kanhai Mandal, S/o Late Karu Mandal, R/o Village Pakki Saray, Ghogha, P.S.- Ghogha, District- Bhagalpur.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
02 19.07.2018 Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under section 394 of the IPC.
The petitioner is not named in the first information report and the impugned order goes to show that two looted mobiles were recovered from the house of the petitioner but submission on behalf of the petitioner is that recovered mobiles are not looted property of the present case which is evident from perusal of the written report itself.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/-
Patna High Court Cr.Misc. No.43473 of 2018 (2) dt.19-07-2018
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with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Sabour P.S.
Case no. 08/2018.
shahid
(Hemant Kumar Srivastava,J)
U T
2 issues framed by the court
Whether the petitioner is eligible for bail when recovered mobiles allegedly do not match the stolen property in the case.
Whether the bail application should be allowed despite the petitioner not being named in the FIR.
1 provisions across 1 enactments
Kanhai Mandal
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
