The Patna High Court granted bail to Md. Arshi @ R.C, who was in jail since November 2012, ensuring his release alongside a similarly situated co-accound released earlier, with conditions of appearance and surety compliance.
Petitioner released on bail with Rs. 10,000 bond and two sureties conditioned on appearing in trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19720 of 2013
====================================================== Md. Arshi @ R.C .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 08-10-2013 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 27.11.2012 in connection with a case registered under section 392 IPC and diverse sections of the Arms Act.
As per the prosecution case, the petitioner along with another co-accused Arvind Paswan was arrested from the house of the informant. From the possession of the petitioner, one loaded pistol and one live cartridge were recovered.
Learned counsel for the petitioner submits that similarly placed co-accused Arvind Paswan has been released on bail by order dated 19.08.2013 passed in Cr. Misc. No. 24452 of 2013, a web copy whereof has been handed in by learned counsel for the petitioner which is taken on record and marked ‘x’ for identification.
Considering the period of incarceration and the fact that the similarly situated co accused has since been released on bail,
Patna High Court Cr.Misc. No.19720 of 2013 (3) dt.08-10-2013
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the petitioner abovenamed is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 322/12 on condition that one of the bailors shall be his own/close family member. Since the charges are framed the petitioner shall appear in person at the trial. In case of default in appearance on two consecutive dates the trial court shall be at liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.
Let the case diary be transmitted to the court below forthwith.
(Kishore Kumar Mandal, J)
HR/-
1 issue framed by the court
Whether the petitioner, languishing in jail since conviction, can be released on bail given the release of a similarly situated co-accused.
Md. Arshi @ R.C
The State Of Bihar
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
