In a criminal bail application, the High Court allowed the petitioner's release after noting he is a trader with no prior record, implicated in a theft case where stolen mobile phones recovered from his shop.
Petitioner released on bail on furnishing a bond of Rs. 10,000/- with two sureties of like amounts each.
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.61964 of 2018
Arising Out of PS. Case No.-340 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur
====================================================== Md. Sonu Nadaf S/o Md. Samid Nadaf, R/o vill.- Rajpur, P.S.- Sabour, District- Bhagalpur.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Mohtashim Akhtar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 06-10-2018
Heard learned counsel for the parties.
The petitioner seeks bail in Kotwali (Tilkamanjhi) P.S. Case No. 340 of 2018 , registered for the offence punishable under Sections 457, 380 and 411 of the Indian Penal Code.
From the house of the informant, three mobile sets, SIMs, cash and other articles were recovered leading to registration of FIR against unknown. The petitioner has been implicated in course of investigation, after one of the mobile sets was recovered from his shop.
It is submitted on behalf of the petitioner that he runs a business of repairing mobile sets and, in that course, he had received the mobile from a customer for repairing, which was found to be stolen one. It is further submitted that the petitioner
Patna High Court Cr.Misc. No.61964 of 2018(2) dt.06-10-2018 2/2
has no criminal antecedent.
Considering the above submissions and the fact that the petitioner has remained in custody since 07.08.2018, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of the learned CJM, Bhagalpur in Kotwali (Tilkamanjhi) P.S. Case No. 340 of 2018.
(Chakradhari Sharan Singh, J)
HR/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail given he runs a mobile repair shop where stolen phones were recovered and has no criminal antecedent.
1 provisions across 1 enactments
Md. Sonu Nadaf
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
