Patna High Court granted bail to four petitioners accused of theft and firearm offences. They were deemed to be drivers rather than culprits in a raid involving stolen buffalos and firearms.
Released on bail bonds of Rs. 10,000/- each with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.30296 of 2014 (2) dt.03-09-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30296 of 2014
Arising Out of PS.Case No. -66 Year- 2014 Thana -MANIHARI District- MUZAFFARPUR ====================================================== 1. Dinesh Rai son of Late Rajendra Rai 2. Rajiv Kumar son of Dinesh Rai 3. Mukesh Kumar @ Mukesh Rai All R/o village- Mahua, Mandhaul, P.S.- Mahua, District-Vaishali 4. Akhilesh Rai son of Late Ramji Rai, R/o village- Gorigama, P.S.Mahua, District- Vaishali .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar Ray, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 03-09-2014 Heard learned counsel for the petitioners and learned APP for the State. The petitioners seek bail in connection with Maniyari P.S. Case No. 66 of 2014 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.
Allegedly, on the basis of information the informant and others Police personnel conducted a raid and caught one Pickup-van and one Bollero vehicle along with the petitioners while they were taking away two buffalos in the pick-up-van, further firearm was also recovered.
Submission at the bar for release of the petitioners
Patna High Court Cr.Misc. No.30296 of 2014 (2) dt.03-09-2014
is that they are suffering in custody since 9.3.20214, the petitioners Akhilesh Rai and Mukesh Kumar @ Mukesh Rai are the drivers and Pick-up-van was hired. The real culprits have fled away and the petitioners have been made victim of circumstances.
In the facts and circumstances as stated above and considering the period of detention of the petitioners, namely, Dinesh Rai, Rajiv Kumar, Mukesh Kumar @ Mukesh Rai and Akhilesh Rai, at this stage, now they directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Umesh Kumar Sharma, J. M. Ist Class, Muzaffarpur in connection with Maniyari P.S. Case No. 66 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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the petitioners are entitled to bail in connection with the charges of theft and possession of firearms?
2 provisions across 2 enactments
Dinesh Rai
Rajiv Kumar
Mukesh Kumar
Akhilesh Rai
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
