This judgment is an oral order from the Patna High Court granting regular bail to a petitioner in a ويش offense under IPC sections 413 and 414. The court issued the direction after hearing counsel and considering custody.
Released on bail with a bond of Rs.10,000 and two sureties of the like amount.
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.14000 of 2023
Arising Out of PS. Case No.-265 Year-2019 Thana- KOCHADHAMAN District- Kishanganj
======================================================
NOORSHAD @ DON @ NURSHED @ NOORSHAD ALAM S/O MATIUR RAHMAN Resident of village- Pothimari Jagir, P.S.- Kochadhaman, DistrictKishanganj.
... ... Petitioner/s
| The State of Bihar ==================== |
Versus ... ... Opposite Party/s ================================== |
|---|---|
| Appearance : For the Petitioner/s : |
Mr. Ram Prawesh Kumar |
| For the Opposite Party/s : ==================== |
Mr. Satya Nand Shukla ================================== |
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414 of the Indian Penal Code.
Prosecution case relates to recovery of one stolen motorcycle bearing Registration no. BR-37-6847 from possession of the co-accused namely, Rahil which is alleged to be purchased from this petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of stolen motorcycle and his name has been transpired in this case on the basis of confessional statement of co-accused namely, Md. Rahil
Patna High Court CR. MISC. No.14000 of 2023(2) dt.26-04-2023 2/2
who is already getting the privilege of bail granted by a coordinate Bench of this court vide order dated 12.12.2019 passed in Cr. Misc. no. 82652 of 2019. No any stolen material has been recovered from conscious possession of this petitioner rather he was arrested in Kochadhaman P.S. Case No. 346 of 2021 and remanded in this case. Moreover, the petitioner is languishing in judicial custody since 21.5.2022.
Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner has got several criminal antecedent.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of the custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kochadhaman P.S. Case No. 265 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Kishanganj.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail in a case under sections 413, 414 IPC given his custody and innocence submissions.
Whether the bail conditions should be set by a coordinate Bench involving sureties and bond amount.
1 provisions across 1 enactments
NOORSHAD @ DON @ NURSHED @ NOORSHAD ALAM
THE STATE OF BIHAR
SUNIL KUMAR PANWAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
