In a criminal miscellaneous matter regarding a theft case, the Patna High Court granted bail to the petitioner. The court ordered the release upon furnishing a bail bond of Rs. 10,000 with two sureties of similar amount.
The petitioner be released 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.9554 of 2020
Arising Out of PS. Case No.-116 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai
======================================================
DEEPAK PODDAR @ DEEPAK KUMAR Son of Dilip Poddar Resident of Village/Muhalla - Rajaura, Police Station - Muffasil, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjiv Kumar Singh For the Opposite Party/s : Mr.Navin Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 01-06-2020 Heard both sides through Video Conferencing.
The petitioner seeks bail in Rail Kiul P.S. Case No.116 of 2019 registered under Section 379 of the Indian Penal Code.
The informant lodged the case against unknown for theft of her belongings while she was travelling in the train in B- 1 bogie.
The learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner figured in the case in the confessional statement of co-accused but nothing has been recovered from the possession of the petitioner and petitioner has not been put on T.I.P. Petitioner is in jail since 21.08.2019. The persons who confessed their guilt and disclosed the name of the petitioner have already been
Patna High Court CR. MISC. No.9554 of 2020(3) dt.01-06-2020 2/2
enlarged on bail vide order passed in Cr. Misc. No.74012 of 2019, Cr. Misc. No.74450 of 2019 and Cr. Misc. No.85588 of 2019.
Learned A.P.P. however opposed the prayer for bail. Taking into consideration the fact that the name of the petitioner surfaced in the case in the confessional statement of co-accused who have already been enlarged on bail but the petitioner has not been put on T.I.P. and nothing has been recovered from the possession of the petitioner although the petitioner is in jail since 21.08.2019, 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 Railway Judicial Magistrate, Kiul in connection with Rail Kiul P.S. Case No.116 of 2019.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the theft case where his name appears in the confessional statement of co-accused but not in the original FIR.
1 provisions across 1 enactments
Deepak Poddar @ Deepak Kumar
The State of Bihar
Prabhatar Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
