Hon'ble Justice Rajendra Kumar Mishra granted bail to the petitioner held in jail for nearly 1.5 years in connection with an Arms Act and IPC offence. The petitioner, acquitted of conviction in other cases, was ordered to furnish a bond of Rs.10,000.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties.
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Patna High Court Cr.Misc. No.38017 of 2013 (2) dt.25-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38017 of 2013
====================================================== Pappu Rai, son of Ram Pravesh Rai, resident of village- Sahabudin Bhithi, Police Station- Baniapur, District- Saran (Chapra).
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 25-09-2013 Petitioner is permitted to make necessary correction in the prayer portion of the petition during the course of the day.
Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Chapra Muffasil Police Station Case No. 88 of 2012 registered under Sections 414/34 of the Indian Penal Code and Section 25(1-b)A, 26 and 35 of the Arms Act.
Learned counsel appearing on behalf of the petitioner submits that earlier the prayer of the petitioner for bail was rejected by this Court vide order dated 09.10.2012 passed in Criminal Misc. No. 37637 of 2012. It is further submitted that petitioner is in jail custody since 14.04.2012, i.e., one and half years. It is also submitted that petitioner has falsely been implicated in this case. It is also submitted that co-accused, Guddu Rai @ Guddu Kumar Rai, has already granted bail by a Bench of this Court on 16.01.2013 vide Criminal Misc. No. 1442 of 2013
Patna High Court Cr.Misc. No.38017 of 2013 (2) dt.25-09-2013
and who has criminal antecedent. It is also submitted that petitioner has criminal antecedent as detailed in paragraph 3 of the petition but he has not been convicted in any case.
The allegation against the petitioner is that he along with other co-accused, namely, Guddu Rai, were caught hold by the police with stolen motorcycle (Hero Honda Splendor Plus bearing registration no. BR-04-B-7991). On search one live cartridge was recovered from the possession of the petitioner while, co-accused, Guddu Rai was found in possession of a country made loaded pistol.
Having regard to the facts and the circumstances of the case and the period of custody, i.e., about one and half year, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Singh, Judicial Magistrate, Ist Class, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 88 of 2012/ TR No. 3246 of 2013. Out of two sureties, one must be a close relative of the petitioner.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
2 issues framed by the court
Whether petitioner is entitled to bail after one and a half year in custody.
Whether granting bail given that a co-accused has already been released.
2 provisions across 2 enactments
Pappu Rai
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
