Allowed

Manoj Jaiswal @ Manoj Kr. @ Manoj Kr. Jaiswal v. The State Of Bihar

Patna HC19 Dec 2018CR. MISC./58150/2018

Case brief

AI extract

What is this about?

An oral judgment granting bail in FIR relating to dealing in stolen electric wires. The court permitted arrest or surrender within six weeks conditional on furnishing a bond with two sureties and complying with standard bail conditions.

What did the court decide?

The petitioner shall be released on bail upon execution of a bond and surrender/arrest within six weeks, subject to release on bond of Rs.10,000 with two sureties of Rs.10,000 each under Section 438(2

Manoj Jaiswal @ Manoj Kr. @ Manoj Kr. Jaiswal Vs The State Of… — Bail and Remand | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58150 of 2018

¶2

Arising Out of PS. Case No.-169 Year-2018 Thana- NAUGACHIA District- Bhagalpur

¶3

======================================================

¶4

Manoj Jaiswal @ Manoj Kumar@ Manoj Kumar Jaiswal Son of Mahendra Prasad Jaiswal, Resident of Harnachak, Police Station- Gopalpur, DistrictBhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

¶9

======================================================

¶10

Appearance :

¶11

For the Petitioner/s : For the Opposite Party/s :

¶12

======================================================

¶13

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

¶14

ORAL JUDGMENT

¶15

Date : 19-12-2018

¶16

Heard learned counsel for the petitioner. There has been no assistance on the part of the learned A.P.P.

¶17

The petitioner apprehends arrest in connection with Naugachia P.S. Case No. 169 of 2018 dated 14.06.2018 instituted under Sections 413/414 of the Indian Penal Code.

¶18

The allegation against the petitioner and three other co-accused is of dealing in stolen electric wires and further that from three parked vehicles outside his dhaba , the said electric wires and poles were recovered.

¶19

Learned counsel for the petitioner submitted that the premises has been taken on rent by the petitioner for running a dhaba and just adjacent is a scrap shop being run by the coaccused Chandan Jaiswal @ Chandan Kumar and both have got

¶20

Patna High Court Cr.Misc. No.58150 of 2018 dt.19-12-2018 2/3

¶21

a written lease deed from the owner of the land Anita Kumari. It was submitted that none of the vehicles which are said to have been recovered with the stolen articles belong to the petitioner. Learned counsel further submitted that there has been no case registered with regard to any theft of electric wires or poles and, thus, branding the recovered articles as stolen itself is erroneous. It was further submitted that co-accused Chandan Jaiswal @ Chandan Kumar being a scrap dealer, used to sell such articles also for which he has a license. Learned counsel submitted that except for another case of the year 2007, he has no other criminal antecedent. Learned counsel further produced copy of order dated 28.09.2018 by which a co-ordinate Bench of this Court has granted anticipatory bail to co-accused Chandan Jaiswal @ Chandan Kumar in Cr. Misc. No. 59747 of 2018.

¶22

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the II^nd Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in Naugachia P.S. Case No. 169 of 2018, subject to the conditions

¶23

Patna High Court Cr.Misc. No.58150 of 2018 dt.19-12-2018 3/3

¶24

laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

¶25

The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

¶26

(Ahsanuddin Amanullah, J)

¶27

Anjani/-

¶28

AFR/NAFR U T

Manoj Jaiswal @ Manoj Kr. @ Manoj Kr. Jaiswal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Jaiswal @ Manoj Kr. @ Manoj Kr. Jaiswal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mahavir Prasad and Ors. Vs State Of Bihar and Anr.

Shubham Raj Verma Vs The State Of Bihar

Subodh Thakur Vs The State Of Bihar

Rajani Kant Choubey Ex Senior Manager Central Bank Of India Vs Sh. Rajeev Rishi The Chairman and Managing Director Central Bank Of India and Ors.

Dilip Kumar Sinha Vs The Allahabad Bank Through Rakesh Sethi The Chairmancum Managing Director Of Allahabad Bank Head O

Shanta Kumari Vs The State Of Bihar and Ors.