In a bail petition arising from an accusation of grievous hurt and unlawful possession of an arms, the Patna High Court granted bail citing lack of legal and tangible material against the petitioner.
Directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each, one being a close relative.
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.19767 of 2016 (2) dt.12-05-2016
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19767 of 2016 |
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| Arising Out of PS.Case No. -314 Year- 2015 Thana -DUMRA District- SITAMARHI ====================================================== |
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| 1. Rakesh Singh @ Rakesh Kumar Singh S/o Chaturbhuj Singh, Resident of village - Moraha, P.S. Belsand, District - Sitamarhi |
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| .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER |
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| 2 | 12-05-2016 Heard learned counsel for the petitioner and the learned |
| A.P.P. for the State. | |
| The petitioner is accused in connection with Dumra P.S. Case No.314/2015 registered under Section 394 of the Indian |
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| Penal Code and Section 27 of the Arms Act. | |
| The accusation is that on 23.11.2015 at 11.00 A.M. | |
| four motorcycle borne criminals surrounded the informant and after firing upon him, took away his motorcycle, while he was coming to Central Bank of India, Dumra branch from petrol pump by his motorcycle. |
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The petitioner was apprehended by the police mere on suspicion showing the
Patna High Court Cr.Misc. No.19767 of 2016 (2) dt.12-05-2016
possession of the country made pistol. Thereafter the police lodged Dumra P.S. Case No. 314 of 2015 regarding recovery of the country made pistol on 23.11.2015. Except confessional statement there is no legal and tangible material against the petitioner.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 314/2015. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J.)
Amit/-
U T
2 issues framed by the court
Whether the petitioner accused in cases under Section 394 IPC and Section 27 Arms Act should be released on bail given lack of material evidence naming him.
Whether bail is maintainable when the petitioner was apprehended on suspicion without being named in the FIR.
2 provisions across 2 enactments
Rakesh Singh @ Rakesh Kumar Singh
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
