The High Court of Patna granted regular bail to the petitioner in a Digha P.S. Case involving Section 414 IPC offence, noting investigation conclusion and the nature of the charge.
The petitioner is directed to be enlarged on bail by furnishing a bail bond of Rs. 10,000/ 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.29949 of 2020
Arising Out of PS. Case No.-254 Year-2020 Thana- DIGHA District- Patna
======================================================
MOHAN KUMAR Son of Ravi Shankar Sah @ Shiv Shankar Sah Resident of Makhdumpur, Shivaji Nagar, P.S.- Digha, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Samrendra Kumar Jha, Adv. For the Opposite Party/s : Mrs. Suchita Yadav, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 04-12-2020
Heard learned counsel for the petitioner and learned
APP for the State, through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Digha P.S. Case No. 254 of 2020 registered for the offence under section 414 of the Indian Penal Code.
As per allegation in the FIR, on secret information having been received, a raid was conducted in the house of the petitioner and various articles like gold and silver jewellery, watches of different companies and cash as detailed in the FIR were recovered.
It is submitted by learned counsel for the petitioner that the alleged articles recovered belong to the petitioner and his near relatives. The police has not been able to establish any
Patna High Court CR. MISC. No.29949 of 2020(2) dt.04-12-2020 2/2
of the articles as a stolen article. The reason for false implication of the petitioner is his criminal antecedents, but perusal of the same would show that the last case was almost seven years ago and the petitioner is on bail in the earlier cases. It is submitted that the petitioner is in custody since 10.5.2020 and the sentence under section 414 of the IPC is maximum of three years or could also be only of fine.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, his being in custody since 10.5.2020 and the investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Digha P.S. Case No. 254 of 2020 on furnishing bail bond of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of the S.D.J.M., Patna.
(Partha Sarthy, J)
sushma/-
U
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with Section 414 IPC offence where investigation has concluded.
1 provisions across 1 enactments
Mohan Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
