Petitioner sought bail in IPC case for alleged theft of oil and assault. Court granted bail on furnishing bonds and sureties despite unexplained delay in case institution, noting no witness tampering or incriminating articles recovered.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.15287 of 2020
Arising Out of PS. Case No.-8 Year-2018 Thana- BARAUNI District- Begusarai
======================================================
RAMA PASWAN @ RAMA PAWAN Son of Vishundev Paswan @ Vishnudev Paswan Resident of Village - Tilrath, Ward No. - 12 Police Station - Barauni, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jai Shanker Prasad For the Opposite Party/s : Mr.Md. Mushtaque Alam ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 03-03-2020
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 379, 411, 504, 506/34 of the Indian Penal Code.
Allegation is that the petitioner and two unknown committed theft of oil from the tanker.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.11.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The alleged occurrence is said to have taken place on 5.1.2018 and the case was instituted on 11.01.2018. Delay has not been explained by
Patna High Court CR. MISC. No.15287 of 2020(2) dt.03-03-2020 2/2
the prosecution. No incriminating article is alleged to have been recovered from the possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Refinery) P.S. case No.08 of 2018.
(Sudhir Singh, J)
Narendra/-
3 issues framed by the court
Whether the petitioner should be granted bail in a case involving theft and assault.
Whether the quantum of bail bond and surety requirements is appropriate given the facts.
Whether any delay in institution of the case warrants denial or modification of bail.
1 provisions across 1 enactments
RAMA PASWAN @ RAMA PAWAN
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
