Allowed

Amitabh Paswan @ Pahalwan @ Amitabh Singh @ Amitab Paswan v. The State Of Bihar

Patna HC9 Oct 2013CR. MISC./19259/2013

Case brief

AI extract

What is this about?

In a bail petition in Lakhisarai PS Case no. 414 of 2012, the Patna High Court granted bail to the accused, observing that the charge under IPC 414 was unsubstantiated while charges under the Arms Act remained, subjecting him to specific bail conditions.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties to the Judicial Magistrate, First Class, Lakhisarai.

Amitabh Paswan @ Pahalwan @ Amitabh Singh @ Amitab Paswan Vs… — Cheque Dishonour | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19259 of 2013

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====================================================== Amitabh Paswan @ Pahalwan @ Amitabh Singh @ Amitab Paswan Son Of Yogendra Paswan Resident Of Village Jhakhar P.S. Lakhisarai District Lakhisarai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 09-10-2013 Heard Mr. Sunil Kumar Singh learned counsel for the petitioner and Ms. Indu Bala Pandey, APP for the State.

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Petitioner seeks bail in Lakhisarai PS Case no. 414 of 2012 instituted under diverse Sections of the Arms Act and Section 414 of the Penal code.

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As per the FIR, there was an attack on the police party by two accused persons. A chase was offered and it is alleged that petitioner was arrested on 11.11.12 with a motorcycle which is said to be a stolen one. On search, the petitioner was found possessed of one country made pistol and three live cartridges besides one empty cartridge. Two FIRs were lodged. Besides the present case another FIR being Lakhisarai P.S. Case no. 413 of 2012 was also lodged under Sections 353 & 307 of the Penal Code besides Section 27 of the Arms Act.

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Patna High Court Cr.Misc. No.19259 of 2013 (3) dt.09-10-2013

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Learned counsel for the petitioner submits that upon conclusion of investigation the police found the charge under Section 414 IPC unsubstantiated. Accordingly, charge sheet has been submitted only under diverse penal provisions of the Arms Act. The petitioner is lodged in custody since the date of his arrest i.e. 11.11.12. Learned counsel has submitted that besides the present two matters the petitioner was also made accused in two other cases in which he has been released on bail. Mr. Singh, learned counsel for the petitioner informs the Court that the petitioner has been released on bail in Lakhisarai P.S. case no. 413 of 2012 on 8.10.13 in Cr. Misc. No. 17503 of 2013.

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Considering the period of incarceration and the other circumstance, this Court is persuaded to enlarge the petitioner on bail. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Lakhisarai, Dist. Lakhisarai in connection with Lakhisarai P.S. case no. 414 of 2012, subject to the following conditions:-

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(i) One of the bailors shall be the own/close family member of the petitioner.

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Patna High Court Cr.Misc. No.19259 of 2013 (3) dt.09-10-2013

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(ii) Once the charges are framed in the trial, the petitioner shall appear in person before the trial Court on each date. In case of default in such appearance on two consecutive dates the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. The case diary received in the case be transmitted to the Court below immediately.

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(Kishore Kumar Mandal, J)

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Shyam/-

Amitabh Paswan @ Pahalwan @ Amitabh Singh @ Amitab Paswan v. The State Of Bihar

Case brief

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Amitabh Paswan @ Pahalwan @ Amitabh Singh @ Amitab Paswan v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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