The Patna High Court granted anticipatory bail to the petitioner in an FIR involving offences under the IPC and Arms Act, releasing him on bond for 12 weeks pending surrender or arrest.
Granted anticipatory bail for 12 weeks on furnishing a bond of Rs. 10,000 with two sureties of the same amount to the C.J.M., Saharsa.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26774 of 2015
Arising Out of PS.Case No. -244 Year- 2012 Thana -SALKHUA District- SAHARSA
====================================================== Bulbul Kapar @ Kapari .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Anil Kumar Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 30-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 363, 364 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that 22 FIR named accused persons came variously armed and surrounded Dharo Ray when co-accused Gore Lal Ray shot Dharo Ray and subsequently his body was taken away. It is alleged that accused persons also resorted to fire on the informant and others.
It is submitted by learned counsel for the petitioner that the accusation of firing is not against the petitioner. The petitioner was simply a member of mob and others have been granted bail vide Cr. Misc. Nos. 29554 of 2013, 11007 of 2014, 13668 of 2014 and 42516 of 2014.
Patna High Court Cr.Misc. No.26774 of 2015 (3) dt.30-07-2015
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Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Salkhua P.S. Case No. 244 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Since the case was instituted in the year 2012 and the petitioner has preferred the anticipatory bail in the year 2015, learned court below will positively cancel the bail bonds of the petitioner if he defaults for two consecutive occasions.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving serious offences under the Indian Penal Code and the Arms Act.
1 provisions across 1 enactments
Bulbul Kapar @ Kapari
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
