Single judge order releasing petitioners on bail awarded Rs. 10,000 with sureties in theft case. Court noted absence from FIR documents and allegations of false impingment without recovery of evidence.
Released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
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.38924 of 2019
Arising Out of PS. Case No.-47 Year-2018 Thana- KURLIKOT District- Kishanganj
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Sunil Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 04-09-2019
the State.
Petitioners seek bail in connection with Kurlikot P.S. Case No. 47 of 2018 registered for the offence punishable under section 379 of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that petitioners are not named in the first information report and they have been falsely implicated in this case due to local village politics. Nothing has been recovered from the conscious possession of these petitioners. Petitioners are in custody since 05.11.2018.
Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.38924 of 2019(4) dt.04-09-2019 2/2
and the submissions advanced on behalf of the parties, let the petitioners, 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 Judicial Magistrate, 1st Clas, Kishanganj in connection with Kurlikot P.S. Case No. 47 of 2018.
(Arvind Srivastava, J)
mcv/-
U T
2 issues framed by the court
Whether the petitioners, who are not named in the First Information Report and allegedly falsely implicated due to local politics, should be released on bail in a theft case.
Whether the failure to recover weapons or goods from the possession of the petitioners warrants their release on bail.
2 provisions across 1 enactments
Md. Gaithi @ Jahid @ Gathu @ Md. Gathi & Ors.
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
