Allowed

Prabhakar Kumar v. The State of Bihar

Patna HC23 Aug 2019CR. MISC./52943/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter concerning bail, the Patna High Court granted bail to the petitioner charged under Sections 379 and 411 IPC. The court considered the petitioner's custody status and lack of FIR naming before directing release.

What did the court decide?

Released on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount to the Chief Judicial Magistrate, Madhepura.

Prabhakar Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52943 of 2019

¶2

Arising Out of PS. Case No.-840 Year-2018 Thana- MADHEPURA District- Madhepura

¶3

======================================================

¶4

PRABHAKAR KUMAR Son of Ramesh Yadav Resident of Village-Tulsibari, P.S-Madhepura, District-Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Ranjay Kumar Singh For the Opposite Party/s : Mr.Md. Shakir Ahmad ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶11

2 23-08-2019

¶12

Heard learned counsel for the petitioner and learned

¶13

APP for the State.

¶14

The petitioner seeks bail in a case instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

¶15

Prosecution allegation, in short, is that motorcycle of the informant was stolen.

¶16

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of his self confession made in respect of other case. The petitioner had no knowledge that the motorcycle in question is a stolen property. There is no

¶17

Patna High Court CR. MISC. No.52943 of 2019(2) dt.23-08-2019 2/2

¶18

compliance of Section 100 of Cr.P.C.

¶19

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

¶20

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, Madhepura in connection with Madhepura P.S. Case No. 840/2018.

¶21

(Sudhir Singh, J)

¶22

Pankaj/-

¶23

U T

Prabhakar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prabhakar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ranjit Kumar Vs The State of Bihar

Sudhir Yadav @ Sudhir Kumar Vs the State of Bihar

Amlesh Kumar @ Vimlesh Singh @Vimlesh Kumar Vs The State of Bihar

Surendra Prasad Vs The State of Bihar

Rajan Raj Vs The State of Bihar

Ajit Kumar Vs the State of Bihar