The Patna High Court granted bail to the petitioner in a Madhepura P.S. Case regarding theft and mischief. The court noted the petitioner's clean antecedents and allowed release upon furnishing a bail bond.
Petitioner released on bail with a bond of Rs. 10,000 and two sureties to the Chief Judicial Magistrate, Madhepura.
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.31364 of 2019
Arising Out of PS. Case No.-1100 Year-2018 Thana- MADHEPURA District- Madhepura
======================================================
MD. LALI, Son of Late Md. Sharif @ Mohammad Shrif, Resident of Village - Masjid Choke, P.S.- Madhepura, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s : Mr. Bishweshwar Ram, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2/ 10-05-2019
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in Madhepura P.S. Case No.1100 of 2018 instituted for the offence under Section(s) 457, 380 Indian Penal Code.
Counsel for the petitioner submits that petitioner has clean antecedents. He is co-villager. He has been falsely implicated in this case.
In the written report, it is alleged that on the date of occurrence the informant got awake on hearing sound and found this petitioner in the house. He was taking out articles from the Godrej Almirah, trunk etc. Hammer and iron instrument was also recovered from his possession. It is further alleged that this petitioner told the informant that one another person was also
Patna High Court CR. MISC. No.31364 of 2019(2) dt.10-05-2019 2/2
with him, but has fled away with money. He did not know name of that person. The informant produced the petitioner before the police.
In this manner, from the written report, it appears that petitioner is said to have been caught inside the house while committing theft. There is no recovery of any incriminating article from his possession. Petitioner has been produced by the informant before police.
Petitioner is in custody since 29.12.2018 having clean antecedents.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the 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 Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No.1100 of 2018 , subject to the condition that both the bailors shall be close relative of the petitioner.
(Sanjay Priya, J)
J. Alam/- U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused of theft and mischief.
1 provisions across 1 enactments
Md. Lali
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
