The Patna High Court granted bail to the petitioner, who was in custody for theft under Sections 457 and 380 of the Indian Penal Code, requiring Rs. 10,000 bonds with two sureties.
Released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount to the satisfaction of the Judicial Magistrate, 1st Class, Jhanjharpur.
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.38123 of 2023
Arising Out of PS. Case No.-70 Year-2023 Thana- MADHEPUR District- Madhubani
======================================================
Ram Prakash Ray Son Of Late Lakhan Ray Resident Of Village - Ward No. 11, Madhepur, (Near Hanuman Chauk), P.S. - Madhepur, Distt. - Madhubani
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Yogendra Kumar For the Opposite Party/s : Mr.Sanjay Kumar Sharma
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 08-09-2023
Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.
The prosecution case as per F.I.R is that informant constructed the temple of goddess Bhagwati at his dalaan and on 26.03.2023, he performed aarti and on the next morning, when he went to the aforesaid
temple, he found that silver mukut, lota, chain, nose pin
Patna High Court CR. MISC. No.38123 of 2023(3) dt.08-09-2023 2/3
of gold worth Rs. 40-50 thousands have been stolen away by unknown thieves.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up during investigation. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. For the alleged occurrence of 26.03.2023, the F.I.R was registered on 28.03.2023. The petitioner is languishing in custody since 29.03.2023.
In contra learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount
Patna High Court CR. MISC. No.38123 of 2023(3) dt.08-09-2023 3/3
each to the satisfaction of learned Judicial Magistrate, 1st
Class, Jhanjharpur, Madhubani in connection with
Madhepur P.S. Case No. 70 of 2023.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail while impugned in a criminal case under Sections 457 and 380 IPC.
1 provisions across 1 enactments
Ram Prakash Ray
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
