Azad Kumar v. the State of Bihar
Case brief
What is this about?
Court rejected the petitioner's prayer for anticipatory bail in Section 392 IPC case, holding that recovery of motorcycle in presence of independent witnesses negated the need for bail due to irregularities in seizure list.
What did the court decide?
Anticipatory bail rejected; defects in seizure list to be removed within one month.
What the court decided
A compact analysis
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.14119 of 2021
Arising Out of PS. Case No.-156 Year-2020 Thana- SHAHKUND District- Bhagalpur
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AZAD KUMAR Son of Ambika Paswan Resident of village - Baisa, P.S. - Parbatta (Maraiya), District – Khagaria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail when the seized motorcycle was recovered in the presence of independent witnesses despite lack of signatures on the seizure list.
Whether the defects in the seizure list justify rejection of anticipatory bail application.
Parties & counsel
- petitioner
Azad Kumar
- respondent
The State of Bihar
Coram
Nawneet Kumar Pandey
Case details
As recorded by the court registry
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