The High Court of Patna granted regular bail to the petitioner in an FIR concerning theft and criminal conspiracy under IPC Sections 401, 414/34, directing release upon furnishing bonds and sureties.
Regular bail granted on bond of Rs. 10,000 with two sureties of 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.63962 of 2019
Arising Out of PS. Case No.-277 Year-2019 Thana- SHERGHATI District- Gaya
======================================================
Mirtunjay Kumar @ Laden Son of Manoranjan Singh Resident of VillageHatiya Mohalla- Babhan Toli, Sherghati, Police Station- Sherghati, DistrictGaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Ram Naresh Ray ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 13-01-2020 Heard the learned counsel for the petitioner and the
learned APP for the State.
The petitioner seeks regular bail in connection with Sherghati P.S. Case No. 277 of 2019 for the offence punishable under Sections 401, 414/34 of the Indian Penal Code.
The allegation is regarding the police having intercepted and apprehended the accused persons including the petitioner and two stolen motorcycles were recovered from the joint possession of the petitioner, however, upon search, as far as the petitioner is concerned, only one mobile was recovered.
The learned counsel for the petitioner has submitted that the stolen motorcycles have not been recovered from the conscious possession of the petitioner, however, the said
Patna High Court CR. MISC. No.63962 of 2019(2) dt.13-01-2020 2/2
recovery might be attributable to the other accused persons. It is further submitted that though the petitioner is accused in two other cases, but he is on bail in the said two cases. It is further submitted that the petitioner is languishing in custody since 20.06.2019.
Having considered the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya in connection with Sherghati P.S. Case No. 277 of 2019.
(Mohit Kumar Shah, J)
Tiwary/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail considering the recovery of motorcycles and period of incarceration.
Colour shows how this judgement treated each authority
N/AReferred
1 provisions across 1 enactments
Mirtunjay Kumar @ Laden
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
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