The High Court directed the release of the petitioner on bail in a criminal case involving offences under the IPC and Arms Act, noting the lack of specific allegations against him and absence of prior criminal record, subject to standard conditions.
Release of petitioner on bail with a bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28780 of 2014
Arising Out of PS.Case No. -28 Year- 2014 Thana -NTPC KHAIRA District- AURANGABAD ====================================================== Abhay Kumar Singh son of Amrendra Singh, resident of village-Kerka, P.S.-NTPC Khaira, District-Aurangabad (Bihar) .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Leelawati Kumari. For the State : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 10-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offences punishable under sections 147, 148, 149, 341, 342, 323, 307, 332, 333, 334, 353, 152, 291, 224, 225, 504 and 506 of the Indian Penal Code as well as section 27 of the Arms Act. Allegedly, when the informant and other police personnel after chase caught co-accused Nitish Kumar Patel then the petitioner and other named accused along with 50 to 60 persons gathered there and on the order of co-accused Nitish Kumar Patel and Sanjay Singh to snatch the arms of the police, all the accused persons attacked on the police party, started brick batting and also opened fire but anyhow they rescued themselves.
Submission at the Bar for release of the petitioner is that
Patna High Court Cr.Misc. No.28780 of 2014 (2) dt.10-07-2014
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though the petitioner is named in the FIR but there is no specific allegation against him, at best it can be said that the petitioner was the member of the mob and is suffering in custody since 3.4.2014 having no criminal antecedent to which learned AP.P. does not oppose.
In the facts and circumstances of the case, as stated above, the petitioner, namely, Abhay Kumar Singh is hereby 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 learned Chief Judicial Magistrate, Aurangabad in connection with N.T.P.C. Khaira P.S. Case No.28 of 2014 subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Md.S./-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail having no specific allegation against him.
2 provisions across 2 enactments
Abhay Kumar Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
