Granted bail to two petitioners in a theft case at Beur P.S., disputed that their names were missing from the FIR, though they were based on confessions and recovered stolen property.
Enlargement of the petitioners on bail subject to furnishing a bond of Rs. 10,000/- each 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.49498 of 2021
Arising Out of PS. Case No.-202 Year-2021 Thana- BEUR District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kumar Mishra For the Opposite Party/s : Mrs.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 25-11-2021 Heard both parties.
The petitioners seek bail in Beur P.S. Case No. 202 of 2021, registered for the offence punishable under Sections 379, 411, 414 and 34 of the Indian Penal Code.
As per the prosecution case, two accused persons Ankit Kumar and Amit Kumar were arrested while committing theft of motorcycle of the informant who disclosed the name of three persons including these two petitioners. It is further alleged that from possession of these two petitioners and one coaccused Raushan Kumar one stolen motorcycle has been recovered.
It is submitted on behalf of the petitioners that nothing
Patna High Court CR. MISC. No.49498 of 2021(2) dt.25-11-2021 2/2
has been recovered from possession of petitioners and petitioners are not named in the FIR. Petitioners have been made accused in this case only on the basis of confessional statement of accused persons who were apprehended on the spot. Petitioners are in custody since 27.04.2021.
Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Judge III-cum-Additional Chief Judicial Magistrate, Patna in connection with Beur P.S. Case No. 202 of 2021.
(Prabhat Kumar Singh, J)
vinita/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail in the theft case pending before the concerned magistrate.
Whether confiscation of personal effects validly recovered from the petitioners' possession negates their清白.
1 provisions across 1 enactments
Sunny Kumar
Sonu Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
