The Patna High Court granted bail to the petitioner, arrested under IPC sections 379 and 411/34, noting his clean antecedents and that the stolen mobile was recovered from a third party named Pinki Kumari.
Release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two close relative sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28802 of 2019
Arising Out of PS. Case No.-133 Year-2018 Thana- PATNA GRP CASE District- Patna
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DABLU KUMAR @ DABLU KUMAR SAH Son of Late Rajkumar Sah Resident of Village - Loko Colony, Jamalpur, P.S.- Jamalpur, District - Munger.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satrudhan Kumar For the Opposite Party/s : Mr.Arbind Kumar Pandey(App
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 06-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Patna Junction Rail P.S. Case No. 133/2018, G.R. No. 168/2018, instituted for offences under Section(s) 379, 411/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner was arrested in this case merely on suspicion. The alleged mobile set has been recovered from possession of Pinki Kumari.
Petitioner is in custody since 06.05.2018 having clean antecedent.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the
Patna High Court CR. MISC. No.28802 of 2019(2) dt.06-05-2019 2/2
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 Additional Chief Judicial Magistrate, Patna, in connection with Patna Junction Rail P.S. Case No. 133/2018, G.R. No. 168/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
rakhi/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case under Sections 379 and 411/34 IPC where he was arrested solely on suspicion and has clean antecedents.
Whether the alleged stolen property (mobile set) recovered from a third party affects the grant of bail to the accused in possession.
1 provisions across 1 enactments
Dablu Kumar @ Dablu Kumar Sah
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
