In an oral order, the Patna High Court, upholding arguments regarding lack of recovery from petitioner and no witness tampering, granted bail to the petitioner in a theft case under Sections 414/34 IPC, demanding a bail bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29463 of 2019
Arising Out of PS. Case No.-351 Year-2018 Thana- SABAUR District- Bhagalpur
======================================================
Vikas Kumar Son of Sipahi Mandal, Resident of Village-Mamalkha, P.S.Sabour and District-Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Madan Mohan For the Opposite Party/s : Mr.Shantanu Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 17-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 414/34 of the Indian Penal Code.
The allegation is that one stolen motorcycle is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Stolen motorcycle in question is alleged to have been recovered from co-accused Ritam Kumar. There is no recovery of stolen property from the possession of the petitioner. The name of the petitioner has come on disclosure made by co-
Patna High Court CR. MISC. No.29463 of 2019(4) dt.17-08-2019 2/2
accused Ritam Kumar and Ajit Kumar. Except for this, there is no other substantial evidence to suggest his implication in the present case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Sabour P.S. case No.351 of 2018.
(Sudhir Singh, J)
Narendra/-
1 issue framed by the court
Whether the petitioner is entitled to bail in a case under Sections 414/34 of the Indian Penal Code.
VIKAS KUMAR
THE STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
