In a criminal miscellaneous petition, the Patna High Court granted bail to the petitioner charged with theft, allowing release after serving one year in custody upon furnishing bonds with two sureties.
Petitioner released on bail after one year in custody on furnishing bond of Rs. 10,000 with two sureties ofRs. 10,000 each.
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.29467 of 2019
Arising Out of PS. Case No.-104 Year-2018 Thana- KOCHADHAMAN District- Kishanganj
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MD. ASLAM (Male), aged about 28 years, Son of Md. Rahid Alam @ Rahid Alam @ Md. Shahid, Resident of Village-Dhanpura, Police StationKochadhaman, District-Kishanganj.
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Md. Hussain, Advocate. For the Opposite Party : Mr.Ahmad Ali, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 20-06-2019
The petitioner is languishing in custody since 04.08.2018 in a case for the offence registered under Section 379 of the I.P.C.
The prosecution story, in brief, is that on 27.05.2018 at about 9.00 A.M., the informant had gone to look after his Makka Crops with his Motorcycle. He parked his Motorcycle bearing Registration No. BR-37F-8529 and went only 100 Meters away from the Motorcycle. When he was returning back towards his field, he saw that the petitioner took away his said Motorcycle and fled away.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.29467 of 2019(4) dt.20-06-2019 2/2
petitioner that the petitioner has falsely been implicated in the present case due to village politics. Charge sheet has been submitted in the present case. No stolen Motorcycle is alleged to have been recovered from possession of the petitioner. It is further submitted that the petitioner may be released on bail after completion of one year in custody.
On behalf of the learned counsel for the State, it has been 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 after completion of one year in custody on furnishing bail bonds of Rs.10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIst, Kishanganj, in connection with Kochadhaman P.S. Case No. 104 of 2018.
U.K./-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether petitioner should be released on bail after one year in custody in a case under Section 379 IPC.
Md. Aslam
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
