This single-judge oral order granted bail to the petitioner Amit Singh in a criminal case involving assemblage of anti-social elements and recovery of stolen property and firearms, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.24142 of 2014 (02) dt.19-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24142 of 2014
Arising Out of PS.Case No. -84 Year- 2014 Thana -BUXAR District- BUXAR
| ====================================================== Amit Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rang Nath Choubey-Advocate For the Opposite Party/s : Mr. Gopesh Kumar-A.P.P. ====================================================== |
|---|
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORALORDER |
| 02 19-08-2014 Heard learned counsel for the petitioner as well as |
| learned Additional Public Prosecutor. |
On getting confidential information with regard to assemblage of anti-social elements for the purpose of commission of crime, a raid was conducted and during course thereof, two persons Amit Singh (petitioner) along with Himanshu Dubey were apprehended along with motorcycle which happens to be stolen one. Furthermore, on their confessional statement, Rahul Mishra armed with countrymade loaded pistol along with cartridges, Himanshu Gupta, Aashutosh Srivastava from whose possession, one countrymade loaded pistol were recovered, arrested.
It has been submitted on behalf of petitioner that coaccused Himanshu Gupta had already been granted bail vide Cr. Misc. No.23307 of 2014. It has also been submitted that petitioner happens to be under custody since 24.02.2014. It has further been
Patna High Court Cr.Misc. No.24142 of 2014 (02) dt.19-08-2014
submitted that petitioner has no criminal antecedent. It has further been submitted that from his conscious possession, one mobile had been seized which belongs to petitioner and so far recovery of motorcycle is concerned, it has been submitted that even from seizure list as well as from the fard-bayan itself, it has not been recovered from his possession exclusively rather there happens to be joint possession.
On the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that petitioner along with others have acted at the dictum of notorious criminal Barun Kumar Mishra, an under trial prisoner. It has also been submitted that from his confessional statement along with Himanshu Dubey others have been apprehended having along with firearms and ammunitions. As such, confession leading to recovery is there.
Taking into account the status of petitioner inconsonance with the period of detention, petitioner Amit Singh is directed to 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 learned Chief Judicial Magistrate, Buxar in connection with Buxar Town P. S. Case No.84 of 2014.
(Aditya Kumar Trivedi, J)
Vikash/U T
1 issue framed by the court
Whether the petitioner, a first-time accused with no criminal antecedents, should be released on bail.
Amit Singh
The State of Bihar
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
