This oral order grants anticipatory bail to the petitioner in a case alleging theft and possession of a firearm, subject to a default bail bond and a time-bound appearance.
Petitioner released on bail in default within four weeks, bond Rs. 10,000 with two sureties of like amount.
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.14627 of 2017
Arising Out of PS.Case No. -65 Year- 2016 Thana -BANMANKHI District- PURNIA
====================================================== Sanjeev Kumar Yadav, S/o Ganesh Prasad Yadav, Resident of VillageMohania, Chakla, P.S. Banmankhi, Distt- Purnea. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
4 06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Banmankhi P.S. Case no. 65 of 2016, registered under Sections 25(i)(B)(A) 26/35 of the Arms Act.
The accusation is that on seeing the informant, two persons who were coming on a motorcycle, started fleeing after leaving motorcycle and throwing country made pistol at the door of Bidan Yadav, while they were chased, but they succeeded to flee away taking the advantage of darkness.
Learned counsel for the petitioner submits that the petitioner is the owner of the alleged seized motorcycle. Further submission is that, in fact, due to some disturbance in the motorcycle, the petitioner left the same at the door of the Bidan Yadav, but on mere suspicion informant showed the recovery of motorcycle and
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country made pistol and implicated the petitioner in the present case. Further submission is that Police has not recorded the statement of Bidan Yadav and his family members and all the witnesses of this case is either Police officer or Chowkidar. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Judge-VI, Purnea in connection with Banmankhi P.S. Case No. 65 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner should be released on anticipatory bail in a case implicating him with possession of a country-made pistol and theft of a motorcycle.
1 provisions across 1 enactments
Sanjeev Kumar Yadav
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
