In a criminal miscellaneous petition, the Patna High Court granted bail to petitioners in custody for over three months implicated in offences under Sections 413, 414/34 IPC regarding a motorcycle and failure to produce ownership documents.
Directed release on bail on furnishing bonds of Rs.25,000 each with two sureties of the 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.76626 of 2019
Arising Out of PS. Case No.-217 Year-2019 Thana- RAJNAGAR District- Madhubani
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Subhash Kumar Jha For the Opposite Party/s : Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 27-11-2019 Heard learned counsel for the petitioners and State.
The petitioners are in custody in connection with Raj
Nagar P.S. Case No. 217 of 2019 for the offence under Sections 413, 414/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against these petitioners as par the F.I.R. is that they were carrying the motorcycle and on demand they did not produce the document showing the ownership of the motorcycle. The petitioners are in custody since 03.08.2019.
Considering the fact that the petitioners have remained in custody for more than three months, the petitioners, named above, are directed to be released on bail on furnishing
Patna High Court CR. MISC. No.76626 of 2019(2) dt.27-11-2019 2/2
bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Madhubani in connection with Raj Nagar P.S. Case No. 217 of 2019.
(Anil Kumar Upadhyay, J)
uday/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail after remaining in custody for more than three months.
Whether the allegations in the FIR of carrying a motorcycle and failing to produce ownership documents justify continued detention.
1 provisions across 1 enactments
Shardanand Jha
Vivek Kumar Jha
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
