The High Court of Patna rejected the bail application of Tuntun Nut, a petitioner charged under the Indian Penal Code and the Arms Act, due to the sixteen-year delay since the alleged offence, deeming it inappropriate to release him.
Prayer for bail rejected and the petitioner remanded in custody.
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.19042 of 2016
===================================================== 1. Tuntun Nut Son of Yamuna Nut Resident of village - Bagahi, P.S. Behiya, Distt. - Bhojpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 05-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)A, 26, 35 of the Arms Act. Taking into consideration that petitioner could be remanded in this case after sixteen years of the alleged occurrence, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Ara Rail P.S. Case No. 05 of 2000 pending in the court of Judicial Magistrate, (Rail), Bhojpur at Ara stands rejected.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner in a case involving alleged offences under Sections 399, 402 of the Indian Penal Code and provisions of the Arms Act.
Whether the delay of sixteen years since the alleged occurrence precludes the grant of bail.
2 provisions across 2 enactments
Tuntun Nut
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
