Petitioner sought bail in a bailable offence regarding possession of a stolen motorcycle. The court granted bail upon furnishing a bond with sureties after noting concluded investigation and lack of prior criminal record.
Release on bail by furnishing bond of Rs.10,000 with two sureties each 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.61634 of 2019
Arising Out of PS. Case No.-271 Year-2018 Thana- CHOUTARWA District- West
Champaran
======================================================
Jamshed Alam, S/o Sk. Amir Hamja R/o village- Baishakhawa, P.S.Gopalpur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arbind Kumar Singh For the Opposite Party/s : Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 27-11-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 29.11.2018 in a case registered for the offence punishable under Section 414 of the Indian Penal Code.
It is alleged that from the possession of the petitioner, one stolen motorcycle was recovered.
It is submitted by learned counsel for the petitioner that the petitioner was not aware about the motorcycle being stolen one and investigation has already been concluded. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the accusation suggests that
Patna High Court CR. MISC. No.61634 of 2019(2) dt.27-11-2019 2/2
the petitioner was having possession of a stolen motorcycle and he is named in the FIR.
Considering the nature of accusation and the fact that the investigation has already been concluded, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Additional Chief Judicial Magistrate 1st , Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 271 of 2018.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case regarding possession of a stolen motorcycle under Section 414 IPC given concluded investigation and no criminal antecedent.
1 provisions across 1 enactments
Champaran
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
