The High Court, Patna, granted bail to the petitioner accused of offences under various sections of the IPC, setting surety requirements and specific conditions of release in connection with a cognizance case.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties subject to specified 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.57765 of 2018
Arising Out of PS.Case No. -113 Year- 2018 Thana -LADANIA District- MADHUBANI
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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 20-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 01.06.2018 in connection with Ladaniya P.S. Case No. 113/2018 registered for the offences punishable under Sections 341/323/353/413/414/ 504/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that though it is alleged that the recovery of the stolen motorcycle was from the possession of the petitioner, the said motorcycle had been purchased by the petitioner from a co-villager and only because he had not paid the full consideration amount, the papers in question were not transferred to him. It is further submitted that the said motorcycle may have been a stolen one, but the petitioner was not aware of the same and for such reasons, the petitioner could not
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produce the documents before the authorities when the vehicle was seized. It is further submitted that the petitioner has got no criminal antecedent and similarly situated other co-accused persons has since been extended the privilege of bail but the same was not known to the petitioner at the time the earlier application for bail was rejected by this Court.
In view of the aforementioned facts and
circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Madhubani, in connection with Ladaniya P.S. Case No. 113 of 2018, subject to the following conditions:-
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(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner is eligible for release on bail.
Rajdeo Thakur
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
