The Patna High Court granted bail to the petitioner in a case involving cheating and theft, considering the lack of implicatory evidence in the FIR and absence of recovered stolen property from his possession.
Petitioner directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount.
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.
Patna High Court Cr.Misc. No.43491 of 2018 (2) dt.19-07-2018
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43491 of 2018
Arising Out of PS.Case No. -51 Year- 2016 Thana -SAHKUND District- BHAGALPUR
====================================================== 1. Kapil Yadav, Son of Late Kusheshwar Yadav, Resident of VillageBhatoriya, Police Station- Nathnagar (Madhu Sudanpur), DistrictBhagalpur.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s Mr. Ram Sumiran Roy ====================================================== 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 sections 356 and 379 of the IPC.
The petitioner is not named in the first information report nor anything was recovered from his conscious possession. The impugned order goes to show that in course of investigation, I.O came to know on the basis of CDR and CAF that the petitioner was using stolen mobile.
It appears that except the aforesaid evidence as well as confessional statement of the petitioner and his criminal antecedent, there is nothing against him.
Patna High Court Cr.Misc. No.43491 of 2018 (2) dt.19-07-2018
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Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Bhagalpur in Shahkund (Sajour) P.S. Case no. 51/2016.
shahid
(Hemant Kumar Srivastava,J)
U T
2 issues framed by the court
Whether the petitioner is entitled to bail considering the evidence against him.
Whether the petitioner being not named in the FIR and having no stolen property in his possession warrants bail.
1 provisions across 1 enactments
Kapil Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
