In bail proceedings, the High Court granted petitioner release after noting the discrepancy in the seizure list, lack of signature, and the fact that the petitioner has no criminal antecedent.
Released on bail on furnishing a bond of Rs.10,000 each 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43767 of 2018
Arising Out of PS.Case No. -4 Year- 2018 Thana -NADI P.S. District- PATNA
====================================================== 1. Deepak Paswan S/o Rajendra Paswan, R/o Vill.- Meaura Fulelpur, P.S.Athmalgola , District- Patna.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
Petitioner is not named in the first information report but it is alleged that in course of investigation, he was arrested by the police and looted mobile phone was recovered from the conscious possession of the petitioner.
Submission on behalf of the petitioner is that the seizure list does not bear the signature of petitioner and moreover, mobile number given in seizure list does not tally with the mobile number given in the first information report.
Considering the aforesaid facts and circumstances as well as
Patna High Court Cr.Misc. No.43767 of 2018 (2) dt.23-07-2018
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submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Vth, Patna City (Patna) in connection with Nadi P.S. Case No.4 of 2018.
(Hemant Kumar Srivastava, J)
Sanjeev/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the lack of his signature on the seizure list and the petitioners criminal antecedent-free status.
2 provisions across 2 enactments
Deepak Paswan
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
