This criminal miscellaneous order grants bail to the petitioner in a case involving loot and recovery of money under Sections 392 IPC and Section 27 of the Arms Act.
Petitioner released on bail on Rs. 10,000 with two sureties of the like amount each.
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.23713 of 2016
Arising Out of PS.Case No. -114 Year- 2015 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== 1. Md. Moon Khan @ Moon Khan @ Dakua son of Md. Mushtaq Khan resident of Mohalla- Bhikhanpur, Gomti No.3, Police Station- Ishaqchak, District- Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Gulner Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
4 15-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section392 of the Indian Penal Code and under Section-27 of the Arms Act.
Petitioner is not named but it appears that he was arrested in connection with a case registered for the offence of Arms Act and Rs. 11,000/- is said to have been recovered from his conscious possession. The petitioner made his confessional statement in the case of Arms Act and disclosed that he was involved in the present case also and, furthermore, he accepted that the recovered money was looted amount of the present case but submission on behalf of petitioner is that there is nothing in
Patna High Court Cr.Misc. No.23713 of 2016 (4) dt.15-07-2016
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the entire case diary to show that the recovered amount was looted property of the present case.
No doubt, petitioner carries criminal antecedent but in the present case, except confessional statement, there appears to be nothing against him. The investigation against the petitioner has already been completed.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Industrial P.S. Case No. 114 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving Sections 392 IPC and Section 27 of the Arms Act.
2 provisions across 2 enactments
Md. Moon Khan @ Moon Khan @ Dakua
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
