The Patna High Court granted bail to the petitioner in a case involving firearms under Sections 414 IPC and relevant Arms Act provisions, noting the co-accused had already been released on bail.
Petitioner released on bail on execution of a bond of Rs. 10,000/- with two sureties of like amount each of Rs. 10,000/- each.
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Patna High Court Cr.Misc. No.55843 of 2015 (2) dt.22-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55843 of 2015
Arising Out of PS.Case No. -56 Year- 2015 Thana -THAWE District- GOPALGANJ ====================================================== Istekhar @ Istekhar Ali @ Meghu Thikedar, son of Late Noor Alam Mian alias Late Noor Alam, Resident of village- Chaurawn, Police StationGopalganj, District- Gopalganj. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2 22-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Thawey P.S. Case No. 56 of 2015 registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.
Allegedly the petitioner sitting on the motorcycle with co-accused Ahmad Ali was caught and from his possession one country made katta loaded with live cartridge was recovered on 31.05.2015.
Submission is of false implication and that the petitioner ahs been made victim of the circumstance, co-accused
Patna High Court Cr.Misc. No.55843 of 2015 (2) dt.22-01-2016
has confessed that he was using theft motorcycle and the petitioner was sitting with him, that co-accused Ahmad Ali has already been allowed bail and, as such, the petitioner also deserves sympathetic consideration, to which the learned A.P.P. does not dispute.
In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Gopalganj arising out of Thawey P.S. Case No. 56 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
sushma/U T
1 issue framed by the court
Whether the petitioner deserves bail in connection with offences under Sections 414 IPC and Arms Act given the co-accused has already been granted bail.
2 provisions across 2 enactments
Istekhar @ Istekhar Ali @ Meghu Thikedar
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
