Kr. P.C. Case No. 80 of 2022 in the Patna High Court, the court directed the petitioner to be released on bail on furnishing a surety, considering the seizure list doubtful and the investigation completed.
Petitioner directed to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of like amount to the trial court.
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.44658 of 2022
Arising Out of PS. Case No.-80 Year-2022 Thana- CHARPOKHARI District- Bhojpur
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AKHILESH YADAV Son of Ramishwar Singh Resident of Village - Balihari, P.S.- Charpokhari, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 15-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Charpokhari P.S. Case No. 80 of 2022 registered for the offence under Section 414 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 04.05.2022.
The allegation against the petitioner is to have in possession of one stolen motorcycle with a description as available in seizure list.
Learned counsel appearing on behalf of the petitioner submitted that due to misunderstanding of the fact, as petitioner was standing near to motorcycle, which was parked on road, the
Patna High Court CR. MISC. No.44658 of 2022(2) dt.15-12-2022 2/2
petitioner was implicated in this case. It is also submitted that seizure list is disputed being not supported by independent witnesses rather by Bihar Home Guard personnels. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as seizure list appears doubtful being not supported by independent witnesses, where, petitioner is in custody since 04.05.2022 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Charpokhari P.S. Case No. 80 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
S.Katyayan/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the given facts and circumstances regarding possession of a stolen motorcycle.
1 provisions across 1 enactments
Akhilesh Yadav
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
