This oral order granted bail to the petitioner accused of offences under IPC and the Arms Act. The petitioner was released on furnishing bonds and a warning was issued that bail could be cancelled for future defaults due to serious criminal antecedents.
Petitioner released on bail on furnishing bonds of Rs.10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2656 of 2015
Arising Out of PS.Case No. -135 Year- 2014 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Bihari Paswan Son of Kapileshwar Paswan Resident of vill-Khanjapur Pali,P.S-Bhagwanpur,Distt.-Begusarai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 02-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 07.07.2014 in a case registered for the offences punishable under Sections 353, 307 of the Indian Penal Code, 25(1-B)a/26/27 of the Arms Act and 16/17/20 of Unlawful Activity Prevention Act.
It is alleged that when the house of the petitioner was raided then one of the accused escaped from the back door and resorted to fire upon the police party. The petitioner was apprehended with one loaded country made pistol and six cartridges.
It is submitted by learned counsel for the petitioner that petitioner is accused in 10 other cases, but out of
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them he has been acquitted in four of them and in rest of them he
is on bail.
Considering the period under custody, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai in connection with Bhagwanpur P.S. Case No. 135 of 2014.
Since the petitioner has serious criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner, an accused in multiple cases including offences punishable under IPC and the Arms Act, is entitled to bail after languishing in custody for a significant period
3 provisions across 3 enactments
Bihari Paswan
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
