In a bail application under sections 395 and 397 IPC regarding a house-breaking case, the High Court allowed the petitioner to be released on bail upon furnishing sureties.
Petitioner to be enlarged on bail on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each.
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.27049 of 2022
Arising Out of PS. Case No.-38 Year-2022 Thana- KOCHADHAMAN District- Kishanganj
======================================================
MD. MUSTAFA SON OF NURUL HAQUE ALIAS MOHAMMAD NURUL HAK R/O VILLAGE- MASTALIYA, P.S.- KOCHADHAMAN, DISTRICTKISHANGANJ
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 01-09-2022
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 395 and 397 of the Indian Penal Code.
As per the prosecution case, five to six unknown miscreants armed with pistol, lathi, iron rod, spade, axe and khanti entered the house of the informant and looted cash, silver and gold ornaments on the point of weapons and fled away from there after exploding bomb and firing.
Patna High Court CR. MISC. No.27049 of 2022(2) dt.01-09-2022 2/2
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. Nothing has been recovered from the possession of the petitioner to show his involvement in the commission of the crime alleged. The name of the petitioner has surfaced during the course of investigation. No T.I.P. has been conducted by the prosecution. The petitioner is in custody since 07.02.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, Kishanganj in connection with Kochadhaman P.S. Case No. 38 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
shobhakri/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case under sections 395 and 397 of the Indian Penal Code.
1 provisions across 1 enactments
Md. Mustafa
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
