The High Court at Patna granted bail to the petitioner in a theft case. He sought release citing false implication and lack of independent witness signature on seizure list. He was ordered to furnish bail bond with sureties.
Petitioner released on bail on furnishing bail bond 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.11348 of 2023
Arising Out of PS. Case No.-334 Year-2022 Thana- VAISHALI District- Vaishali
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Ram Chandra Mahto Son of Late Pramodhi Mahto R/O Village- Vaishali (Kharauna Gate), P.S. And District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate For the Opposite Party/s : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 17-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Vaishali P.S. Case No. 334 of 2022 registered for the offences punishable under Sections 379, 411, 406/34 of the Indian Penal Code.
As per the prosecution, the police personnel on secret information got to know that this petitioner was involved in the alleged crime of theft and some theft articles were recovered from the house of this petitioner.
The main submissions advanced by the learned counsel for the petitioner are that only 8 small pieces of iron pipes were recovered from the house of the petitioner and the same were presumed to be stolen, in fact the wall of the
Patna High Court CR. MISC. No.11348 of 2023(2) dt.17-03-2023 2/2
petitioner’s house is adjoining to the wall of house of other coaccused and he has been falsely roped in this case and he has been languishing in jail since 14.11.2022 having fair and clean antecedent and he is an old person and on the seizure list there is no signature of any independent person.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts as stated above, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner 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 the concerned Court in connection with Vaishali P.S. Case No. 334 of 2022.
(Shailendra Singh, J)
Rajiv/-
U T
1 issue framed by the court
Whether the petitioner deserves release on bail in a theft case involving recovery of iron pipes from his premises.
1 provisions across 1 enactments
Ram Chandra Mahto
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
