The Patna High Court released the petitioner on bail in a PS Case No. 01 of 2023 for alleged theft. The court considered the co-accused's bail, lack of recovery, and no criminal antecedents.
Release of petitioner on bail with bonds of Rs. 20,000/- and two sureties of the like amount, subject to conditions.
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.71056 of 2023
Arising Out of PS. Case No.-1 Year-2023 Thana- GHORASAHAN District- East Champaran
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Naresh Sah @ Ram Naresh Sah @ Rameshwar Sah Son Of Chandrika Sah R/O Village- Ghhorasahan, P.S.- Ghhorasahn, Dist.- East Champara, Motihari, At Present- Samanpur, P.S.- Kundwa Chainpur, Dist.- East Champaran, Motihari
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s : Mrs.Suman Kumari Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 08-11-2023
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.71056 of 2023(2) dt.08-11-2023 2/3
petitioner has been falsely implicated in this case as his name transpired in this case on the basis of confessional statement of co-accused Guddu Kumar. Nothing incriminating has been recovered from the person or possession of the petitioner. No Test Identification Parade has been conducted to ascertain the identity of the petitioner as one of the culprits. However, recovery of Rs.40,000/- and a mobile phone has been shown from co-accused Guddu Kumar and he has been enlarged on bail vide order dated 19.09.2023 passed in Cr. Misc. No. 39908 of 2023 by a Co-ordinate Bench. The petitioner has got no criminal antecedent. The petitioner is in custody since 14.08.2023 and charge sheet has been submitted.
Patna High Court CR. MISC. No.71056 of 2023(2) dt.08-11-2023 3/3
Judicial Magistrate, Sikrahna, East Champaran,
Motihari/concerned court in connection with Ghhorasahan P.S. Case No. 01 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail in a case alleging theft under Section 392 of the IPC.
Whether the grant of bail to a co-accused and lack of recovery from the petitioner warrants his release.
What conditions should be imposed on the petitioner for release on bail.
2 provisions across 2 enactments
Naresh Sah @ Ram Naresh Sah @ Rameshwar Sah
The State Of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
