In a criminal miscellaneous petition for bail in a theft case under the IPC, the Patna High Court granted bail to the petitioner on furnishing a bond with sureties.
Released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount to the learned A.C.J.M, Naugachiya.
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.78041 of 2019
Arising Out of PS. Case No.-227 Year-2019 Thana- GOPALPUR District- Bhagalpur
======================================================
SHRAVAN KUMAR SINGH Son of Vinod Singh Resident of Village - Jhandapur, P.S.- Jhandapur (O.P.), District- Bhagalpur
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Swapnil Kumar Singh For the Opposite Party/s : Mr.Md. Anbzarul Haque Sahara ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 04-12-2019
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 379, 411, 413, 414 and 34 of the Indian Penal Code.
Prosecution case as lodged by the informant is that on 10.07.2019, the worker of his Dhaba were sleeping in the Tyre Shop which is adjacent to his Dhaba at about 3 to 4AM woke up and started raising chor-chor in the meanwhile, the informant and other staff of Dhaba and many Truck Drivers and Khalasi woke up and saw that three persons are trying to escape away from the P.O. upon the Yamaha Crux motorcycle having no number. It is also alleged that all the persons were caught by them who disclosed their names as Sharvan Kumar Singh (petitioner), Feku Paswan and Prince Kumar. It is also alleged
Patna High Court CR. MISC. No.78041 of 2019(2) dt.04-12-2019 2/2
that petitioner escaped from there taking advantage of darkness. It is also alleged that both the accused persons stated that this Yamaha Crux motorcycle is of Sharvan Kumar Singh which he has theft from anywhere and they used to purchase and sale of theft motorcycle.
Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and has been falsely implicated in this case. He submits that the name of the petitioner has come on the confessional statement of coaccused. He submits that nothing has been recovered from his conscious possession, petitioner bears no criminal antecedent, no T.I. Parade has been done and petitioner is in custody since 06.09.2019.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.1, Naugachiya in connection with Gopalpur Police Station Case No. 227 of 2019.
(Anjani Kumar Sharan, J)
devendra/- U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving theft and related offences.
1 provisions across 1 enactments
Shравan Kumar Singh
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
