The Patna High Court granted regular bail to the petitioner in a theft case recorded under sections 379 and 414 IPC. The court was inclined to release him after hearing counsel from both sides.
Released on bail in connection with Sheikhpura P.S. Case No. 41 of 2023 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.17426 of 2023
Arising Out of PS. Case No.-41 Year-2023 Thana- SHEKHPURA District- Sheikhpura
======================================================
AKASH KUMAR S/O MUKESH KUMAR RESIDENT OF VILLAGECHANDI ,P.S- ARIYARI , DISTRICT- SHEIKHPURA
... ... Petitioner/s
Versus
The State of Bihar A.G PATNA
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sheo Nandan Prasad For the Opposite Party/s : Mr.Sanjay Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 12-05-2023
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 379, 414 of the Indian Penal Code.
As per FIR, prosecution case relates to recovery of stolen motorcycle bearing Registration no. BR21T-5006 from possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this case on the basis of suspicion. It is further submitted vide para 11 of the petition that the petitioner purchased the aforesaid motorcycle for Rs. 50,000/- out of which he paid Rs. 20,000/- to the vehicle owner
Patna High Court CR. MISC. No.17426 of 2023(2) dt.12-05-2023 2/2
namely, Rudel Kumar but the ownership paper has not been transferred from Rudel Kumar to this petitioner due to remaining amount has not been paid. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.1.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura P.S. Case No. 41 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Sheikhpura.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a theft case.
1 provisions across 1 enactments
Akash Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
