In a criminal miscellaneous matter, the Patna High Court granted regular bail to the petitioner accused of theft under Sections 379 and 411 IPC. The grant was contingent upon furnishing a bail bond with two sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount to the learned CJM, Supaul.
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.74686 of 2023
Arising Out of PS. Case No.-44 Year-2023 Thana- TRIVENIGANJ District- Supaul
======================================================
Chhedi Sah @ Chhedilal Sah Son Of Upendra Sah R/O Village- Satanpatti, Ward No. -09, P.S.- Ratanpura, Dist.- Supaul
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 24-11-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Triveniganj P.S. Case No. 44 of 2023 instituted for the offences punishable under Sections 379 and 411 of the Indian Penal Code.
It is a case of theft of the motorcycle of the informant by the accused persons.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioner and he is in judicial custody since 26.02.2023.
Learned APP for the State opposes the prayer for bail
Patna High Court CR. MISC. No.74686 of 2023(2) dt.24-11-2023 2/2
of the petitioner.
Considering the facts and circumstances of the case and period of the custody of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul in connection with Triveniganj P.S. Case No. 44 of 2023.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a theft case where no recovery was made against him.
Whether the period of judicial custody warrants the grant of bail.
1 provisions across 1 enactments
Chhedi Sah @ Chhedilal Sah
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
