The Civil Judge allowed bail to the petitioner in Kotwali P.S. Case No. 269 of 2015 involving offenses under sections 290 IPC and Arms Act upon furnishing a bond of Rs. 10,000 with two sureties.
Release of petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount each, subject to specific conditions.
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.21158 of 2016
Arising Out of PS.Case No. -269 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Wakil Ahmad @ Naushad S/o Md. Mum Taj Ahmad @ Taj Mistry Resident of Bari Bazar, P.S.- Kotwali, District- Munger .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. B. Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Kotwali P.S. Case No. 269 of 2015 registered for offence under section 290 of the Indian Penal Code and 27, 25(1-b)a, 26, 35 of the Arms Act.
The Police apprehended the petitioner and his associate and from the possession of the petitioner two live cartridges were recovered. The petitioner has two more criminal cases.
Looking to the facts and circumstances of the case, the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court Cr.Misc. No.21158 of 2016 (2) dt.19-05-2016
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like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 269 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.
(Shivaji Pandey, J)
Mahesh/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in connection with Kotwali P.S. Case No. 269 of 2015.
Whether conditions of bail including sureties and cooperation should be imposed on the petitioner.
2 provisions across 2 enactments
Wakil Ahmad @ Naushad S/o Md. Mum Taj Ahmad @ Taj Mistry
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
