An oral order correcting an impugned anticipatory bail order dated 13.03.2015 by inserting the relevant Arms Act section omitted from it. The court also extended the surrender period for three weeks.
Correction of the bail order section and extension of surrender period for three weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34911 of 2014
Arising Out of PS.Case No. -237 Year- 2013 Thana -MANSI District- KHAGARIA
The State of Bihar
.... .... Petitioners Versus .... .... Opposite Party
====================================================== Appearance : For the Petitioners : Mr. Suraj Narain Yadav, Advocate. For the Opposite Party : Mr. L.K.Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 22-04-2015 Heard both sides.
It is submitted that the petitioner was granted anticipatory bail in Mansi P.S. Case No. 237 of 2013 registered under Sections 307 and 34 and other Sections of the Indian Penal Code and Section 27 of the Arms Act, but the Section of Arms Act has not been mentioned in the order dated 13.03.2015 and that is why the petitioners are not being released, if this being the fact, the learned Magistrate has taken super technical attitude by not accepting the bail bonds as the petitioners have been granted anticipatory bail in Mansi P.S. Case No. 237 of 2013.
Be that as it may the Section of Arms Act be also inserted in the first paragraph of the order dated 13.03.2015. The
Patna High Court Cr.Misc. No.34911 of 2014 (3) dt.22-04-2015
2/2
order stands corrected accordingly.
The period for surrendering of the petitioners is extended for further three weeks from the date of receipt/production of a copy of this order. (Prabhat Kumar Jha, J.)
KKSINHA/U T
2 issues framed by the court
Whether the impugned order in the anticipatory bail application should be corrected to include the relevant section of the Arms Act?
Whether the application bonds submitted by the petitioners should be accepted for release pending the period for surrender?
Kamal Kishore Yadav and others
State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
