The High Court at Patna granted anticipatory bail to the petitioner apprehending arrest in a 2010 theft case under Section 379 IPC. The court relieved him of arrest by directing enlargement through bonds and sureties.
Petitioner directed to be enlarged on bail within four weeks by furnishing bond of 10,000/- and two sureties under Section 438(2) CrPC.
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.25535 of 2019
Arising Out of PS. Case No.-283 Year-2010 Thana- BISFI District- Madhubani
======================================================
MAZHARUL ISLAM Son of Kalam R/O- Village- Nurchak, P.S.- Bisefi, Distt - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Md. Soban Asghar For the Opposite Party/s : Mr.Tapeshwar Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
3 19-07-2019
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bisfi P.S. Case No. 283 of 2010, registered for the offences punishable under Section 379 of the Indian Penal Code.
Bolero Vehicle of the informant is said to have been stolen from the door of his brother-in-law who happens to be its drover.
It is submitted by the learned counsel for the petitioner he has no concern with the aforesaid occurrence. He has been falsely implicated in this case merely on suspicion. Police has made the petitionier accused in this case on the basis of confessional statement recorded in some other case under
Patna High Court CR. MISC. No.25535 of 2019(3) dt.19-07-2019 2/2
coercion which has no evidentiary value in the eye of law. Moreover said confession has not led to any recovery. The vehicle was not recovered from his possession and there is noting cogent on record to indicate the complicity of the petitioner in the occurrence. He is not named in the F.I.R.
Learned A.P.P. for the State opposed the prayer for
bail.
Having regard to the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Munsif-cum- J.M.1st Class Benipatti, DistrictMadhubani in connection with Besfi P.S. Case No. 283 of 2010, subject to condition as laid down under Section 438 (2) of the Cr.P.C.
Office is directed to send back the LCR to the Court below forthwith.
(Prakash Chandra Jaiswal, J)
T.Kr./- U T
2 issues framed by the court
Whether interim bail should be granted to the petitioner apprehending arrest in a theft case under Section 379 IPC without naming in FIR.
Whether the petitioner has been falsely implicated on suspicion and coerced confession without recovery.
1 provisions across 1 enactments
Mazharul Islam
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
