In a bail petition in a theft case under Section 392 IPC, the High Court considered the absence of tampering allegations, the petitioner not being in the FIR, and lack of recovery, granting bail on bonds of Rs. 10,000 with two sureties.
The petitioner is released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount 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.5033 of 2019
Arising Out of PS. Case No.-160 Year-2018 Thana- SALIMPUR District- Patna
======================================================
Gautam Kumar Son of Dukhan Prasad @ Kaushlendra Kumar Resident of Village - Bhikhua, P.S- Fatuha, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Singh For the Opposite Party/s : Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 18-04-2019 he State.
The petitioner seeks bail in a case registered under Section
392 of the Indian Penal Code.
The prosecution case in brief is that the petitioner along with co-accused committed theft of motorcycle and mobile phone of the informant.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-07-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. No test identification parade was conducted in this case. There is no recovery of any incriminating article. The name of the petitioner surfaced in this case on the basis of confessional statement of co-accused. The petitioner has got no
Patna High Court CR. MISC. No.5033 of 2019(3) dt.18-04-2019 2/2
concern with the alleged motorcycle, in question.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/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 Sub Judge-III, Barh, District-Patna in connection with Salimpur P.S. Case No. 160 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a theft case considering the specific facts of the prosecution case.
1 provisions across 1 enactments
Gautam Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
