The High Court of Patna granted bail to the petitioner for alleged offences under Sections 379 and 411 of the IPC in a motorcycle theft case, considering his clean antecedents and custody duration, directing release on bonds with sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71179 of 2023
Arising Out of PS. Case No.-114 Year-2023 Thana- PURAINI District- Madhepura
======================================================
Bittu Kumar, Son Of Upendra Yadav, R/O Village- Barateni, P.S.Udakishunganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mishra, 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.71179 of 2023(2) dt.08-11-2023 2/3
Kumar. Except for the confessional statement, there is no material to connect the petitioner with the offence as alleged. No recovery has been made from the conscious possession of the petitioner. The petitioner is in custody since 14.06.2023 and charge-sheet has been submitted. The petitioner is having clean antecedent.
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.71179 of 2023(2) dt.08-11-2023 3/3
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)
balmukund/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail given his clean antecedents and custody period despite being implicated in theft charges.
Whether alleged false implication via co-accused's confession warrants bail under relevant criminal procedure provisions.
1 provisions across 1 enactments
Bittu Kumar
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
