The High Court at Patna granted bail to a differently abled petitioner accused of burglary and receiving stolen property after finding no incriminating evidence in his possession.
Released on bail on furnishing bonds of Rs. 10,000 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.46742 of 2022
Arising Out of PS. Case No.-280 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
SURENDRA GOSWAMI @ BAUNI S/o Shashi Goswami @ Shashinath Goswami R/o village- Aliganj Maheshpur, Mirjanhat, P.S.- Mojahidpur (Babarganj), District- Bhagalpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 28-11-2022
Heard the learned counsel for the petitioner and
the learned APP for the State.
The petitioner seeks bail in connection with Mojahidpur (Babarganj) P.S. Case No. 280 of 2021, which was initially instituted for the offences under Sections 461 and 379 of the Indian Penal Code but later on Section 411 of the Indian Penal Code was added.
For burglary in the office of the BISCOMAUN, an F.I.R. was registered in which one person, namely, Laddu Yadav was arrested on suspicion. On his confession, the name of the petitioner has transpired.
The petitioner is stated to be a differently abled
Patna High Court CR. MISC. No.46742 of 2022(2) dt.28-11-2022 2/2
person, working on daily wages at a flour mill. At the time of his arrest, nothing incriminating was recovered from his possession.
The petitioner has remained in custody since 06.12.2021 and in two other cases in which he was earlier made accused, he is said to be on bail.
Considering the afore-noted facts and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No. 280 of 2021.
(Ashutosh Kumar, J)
sunilkumar/-
2 issues framed by the court
Whether the petitioner should be released on bail in connection with offences under IPC Sections 461, 379, and 411.
Whether the petitioner, being differently abled and having no incriminating article, warrants continued remand.
2 provisions across 1 enactments
SURENDRA GOSWAMI @ BAUNI
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
