The Patna High Court granted bail to the petitioner, who was not named in the FIR, in a theft case under Sections 461 and 379 IPC. The petitioner had been falsely implicated based on the confession of a co-accused with no recovery of stolen articles.
Petitioner to be released on bail by furnishing bonds of Rs.10,000 each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37740 of 2019
Arising Out of PS. Case No.-665 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur
======================================================
RAHUL KUMAR Son of Subodh Singh Resident of Village and Post - Panapur Kariyat, P.S.- Kanti, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shashi Bhushan Singh For the Opposite Party/s : Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 25-06-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 461 and 379 of the Indian Penal Code.
Prosecution case, in short, is that theft of various articles was committed in the office of the informant by unknown accused persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.11.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name
Patna High Court CR. MISC. No.37740 of 2019(2) dt.25-06-2019 2/2
of the petitioner has transpired on the basis of confession of coaccused. The petitioner has not been put on T.I.P. There is no recovery of any incriminating articles from the possession of the petitioner. Other co-accused has been granted bail vide order dated 26.3.2019 passed in Cr. Misc. No. 17768 of 2019.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that 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 Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 665 of 2018, G.R. No. 5540/18.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a theft case under Sections 461 and 379 IPC.
1 provisions across 1 enactments
RAHUL KUMAR
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
