Petitioner seeks bail in a theft case. The Court considered submission regarding lack of TID and recovery of evidence. Bail granted subject to bond and sureties with cooperation condition.
Petitioner released on bail on bond of Rs.20,000 with two sureties of like amount, subject to cooperation with investigation/trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11991 of 2019
Arising Out of PS. Case No.-513 Year-2018 Thana- MOTIHARI TOWN District- East Champaran
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MURARI KUMAR, Son of Achhe Lal Sahni, Resident of Muhalla - Agarwa, P.S. - Town, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
... ... Opposite Party/s
For the Petitioner/s : Mr. Santosh Kumar Singh For the Opposite Party/s : Mr. Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 07-05-2019
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code.
The FIR of the occurrence of theft of motorcycle is against unknown.
Submission is that petitioner is in custody since 14.08.2018. Petitioner was never put on Test Identification Parade during investigation of the case nor any incriminating article has been recovered from possession of the petitioner. Only material is criminal antecedent of the petitioner and for that reason, the petitioner has been falsely implicated in this case.
Considering the facts aforesaid, let the petitioner,
Patna High Court CR. MISC. No.11991 of 2019(3) dt.07-05-2019 2/2
above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Town (Motihari) Police Station Case No. 513 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a theft case where no TID parade was conducted and no incriminating article was recovered.
MURARI KUMAR
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
