Three petitioners sought bail in a case involving alleged theft, injury, and attempted murder. The High Court allowed bail upon furnishing bonds with conditions regarding cooperation and non-tampering.
Petitioners released on bail bonds of Rs. 10,000/- with two sureties upon 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.71983 of 2018
Arising Out of PS. Case No.-313 Year-2018 Thana- JAGDISHPUR District- Bhojpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
3 19-12-2018
Heard learned counsel for the parties.
Petitioners seek bail in Jagdishpur P.S. Case No. 313
of 2018 registered for the offence punishable under Sections 457, 380, 323, 307, 337, 338, 427 of the Indian Penal Code.
Informant has alleged that he has served food to four
beggars who had come to his house and on the next day he found that they have committed theft in his house and stolen cash, jewelleries and other household articles and he followed them after seeing their footsteps and one person was apprehended and he disclosed the name of three other accused including the petitioners.
It has been submitted on behalf of the petitioners that
Patna High Court Cr.Misc. No.71983 of 2018(3) dt.19-12-2018 2/2
they are innocent and have been falsely implicated in this case on suspicion. Nothing has been recovered from the possession of the petitioners. Petitioners have got no criminal antecedent and are in custody since24.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-XI, Bhojpur, Ara, in connection with Jagdishpur P.S. Case No. 313 of 2018 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether the petitioners, accused in case regarding theft and injury, are entitled to bail?
1 provisions across 1 enactments
Amar Kumar @ Rajbans Kharwar, Pawan Kumar, Dilip Kharwar
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
