This order grants bail to the petitioner in a case concerning theft and breaking of property under sections 457/380 IPC. The High Court released him on bail upon furnishing a bond and two sureties.
Release of the petitioner on bail upon furnishing a 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.7191 of 2019
Arising Out of PS. Case No.-59 Year-2016 Thana- CHANDAUTI District- Gaya
======================================================
Shankar Sao @ Shankar Kanu @ Shankar Kandu S/o Suresh Sao. resident of Ramsheela Sanjay Nagar, p.s.- Delha, District- Gaya
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar For the Opposite Party/s : Mr.Raj Kishore Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
4 26-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Chandauti P.S. Case No. 59 of
2016 registered for the offence punishable under Sections 457/380 of the Indian Penal Code.
Informant has alleged that on 16.02.2016, he went to Nawada with his wife to attend the meeting and no one was present in the house. On the next day, i.e., on 17.02.2016, he received an information that some unknown persons have stolen property of this house and lock of the door was broken.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case merely on the basis of suspicion. Petitioner is not named in the F.I.R. Nothing has been recovered from the possession of the petitioner. Petitioner has been remanded in this case on
Patna High Court Cr.Misc. No.7191 of 2019(4) dt.26-02-2019 2/2
27.10.2016 and since then he is in custody.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned JM, 1st , Gaya in connection with Chandauti P.S. Case No. 59 of 2016 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a non-bailable offence alleging theft and breaking of lock.
1 provisions across 1 enactments
Shankar Sao @ Shankar Kanu @ Shankar Kandu
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
