Petitioner sought bail in a criminal case involving offences under the Indian Penal Code and the Arms Act. The court granted bail upon execution of a bond with sureties, subject to specific conditions regarding presence in court and nature of bailors.
Directed petitioner to be released on bail on execution of a bail bond of Rs. 10,000 with two sureties.
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Patna High Court Cr.Misc. No.58357 of 2015 (2) dt.01-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58357 of 2015
Arising Out of PS.Case No. -61 Year- 2015 Thana -PARSAUNI District- SITAMARHI ====================================================== 1. Birendra Paswan Son of Ram Swarth Paswan Resident of Village - Pershurampur, P.S.- Persauni, District - Sitamarhi .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 01-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State. Petitioner seeks bail in connection with Persauni P.S. Case No. 61 of 2015 registered for the offences punishable under Sections 414, 120B of the Indian Penal Code and Sections 25(1B)A, 26/35 of the Arms Act. Allegedly, acting on a tip off, raid was conducted and four persons were apprehended with motorcycle and two persons succeeded in fleeing away with motorcycle and from apprehended four co-accused persons arms and ammunitions were recovered and they stated the name of the petitioner. Submission is of false implication and that nothing has been recovered from possession of the petitioner, no crime was committed, he has not been caught at the spot and is suffering in
Patna High Court Cr.Misc. No.58357 of 2015 (2) dt.01-02-2016
custody since 24.06.2015 and as such he deserves sympathetic consideration to which the learned APP fairly submits that name of the petitioner was taken by other co-accused who were caught at the spot with firearm and other articles.
In the facts and circumstances stated above, considering the period of detention, the petitioner above named 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 Chief Judicial Magistrate, Sitamarhi in connection with Persauni P.S. Case No. 61 of 2015, subject to the conditions that one of the bailors must be a 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)
avin/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail given false implication and pre-trial detention.
Whether the conditions imposed for bail are appropriate.
2 provisions across 2 enactments
Birendra Paswan
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
