The High Court of Patna dismissed the petition for regular bail filed by Sohrab in a case involving allegedly discharging fire-arms during an occurrence under Section 396 of the Penal Code, declining the plea.
Bail prayed for is rejected.
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Patna High Court Cr.Misc. No.46532 of 2012 (4) dt.11-04-2013
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46532 of 2012
====================================================== Sohrab, son of late Hafiz, resident of village Jhamra, P.S. Tarabari (Araria), district Araria .... Petitioner Versus The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 11-04-2013 Heard learned counsel for the petitioner and the State.
This is a petition for grant of regular bail for offence under Section 396 of the Penal Code.
The informant has named the petitioner, Sohrab, Jamal and Moquim having armed with double barreled gun and suit case. However, in the first information report the name of Balal also finds place. The learned counsel for the petitioner submits that Balal has been granted bail by this Court in Cr. Misc. No. 34839 of 2006 and it has, further, been contended that in paragraph 152 of the case diary it has come that Balal has hurled bomb. However, while granting bail to Balal it has been taken into fact that the name of Balal finds place in the first information report, but, against Balal there is neither anything in the first information report nor anything in the case diary that Balal was seen there whereas Sohrab, the petitioner, Jamal and Moquim are alleged to have been armed with fire arms.
Hence, having regard to the facts and circumstances of the case that the informant disclosed the name of the petitioner and the occurrence is for offence under Section 396 of the Penal Code, I am not inclined to grant bail to the petitioner at this stage.
The prayer for bail is rejected.
.However, the trial be expedited for early
disposal.
(Gopal Prasad, J)
SA/-
1 issue framed by the court
Whether bail should be granted to the petitioner charged under Section 396 of the Penal Code.
1 provisions across 1 enactments
Sohrab
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
