The Hon'ble High Court of Patna granted bail to the petitioner in a theft case registered under Section 382 IPC, directing him to furnish a bail bond of Rs. 10,000 with two sureties and comply with operational conditions.
Released on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount under specified conditions.
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.78604 of 2018
Arising Out of PS. Case No.-83 Year-2018 Thana- GARKHA District- Saran
======================================================
Rahul Kumar Singh @ Kallu son of Sanjay Kumar Singh @ Faugi, Resident of Village- Naini, P.S. Chapra Muffassil, District Saran at Chapra.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh For the Opposite Party/s : Mr.Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 22-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Garkha P.S. Case No. 83 of
2018 registered for the offence punishable under Section 382 of the Indian Penal Code.
Informant has alleged that some unknown miscreants has stolen his white colour Apache motorcycle which was being parked in Aloni Bazar.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is not named in FIR. Nothing has been recovered from his possession or his house. He is in custody since 28.06.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon
Patna High Court Cr.Misc. No.78604 of 2018(3) dt.22-02-2019 2/2
furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd , Saran at Chpara, in connection with Garkha P.S. Case No. 83 of 2018, 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)
manoj/-
U T
1 issue framed by the court
Whether the petitioner be granted bail in the theft case upon furnishing bail bond and sureties?
Rahul Kumar Singh @ Kallu
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
