Single bench oral order granting bail to the petitioner in a criminal case under Section 395 IPC after eleven years of the FIR lance, noting his custody since September 2018.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount.
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.22377 of 2019
Arising Out of PS. Case No.-32 Year-2007 Thana- AMAS District- Gaya
======================================================
CHHOTU CHAUDHARY @ SHIV KUMAR CHAUDHARY Son of Thakuri Chaudhary Resident of Village - Simaru, P.S.- Gurua, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kunwar Narayan Jamuar For the Opposite Party/s : Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 09-04-2019
Heard learned counsel for the petitioner and learned
learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Amas P.S. Case No. 32 of 2007 for the offenses under Sections 395 of the Indian Penal Code.
Learned counsel for the petitioner submits that after 11 years of the lodging of the FIR,the petitioner has been arrested in this case. The FIR was lodged against unknown.
Considering the fact that the police has arrested the petitioner after 10 years of the occurrence in a case registered against unknown and the petitioner is in custody since 5.9.2018, the court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.22377 of 2019(2) dt.09-04-2019 2/2
like amount each to the satisfaction of the Judicial Magistrate,1st Class, Sherghati Gaya in connection with Amas P.S. Case No. 32 of 2007.
(Anil Kumar Upadhyay, J)
spandey/-
U T
1 issue framed by the court
Whether bail should be granted to a petitioner arrested after eleven years in a case registered against an unknown person.
1 provisions across 1 enactments
Chhotu Chaudhary @ Shiv Kumar Chaudhary
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
