Allowed

Jai Prakash Kumar v. The State Of Bihar

Patna HC4 Jul 2017CR. MISC./23905/2017

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the accused in a case involving firing on police and arms possession, considering the period of detention and lack of injuries. The court directed release upon execution of a bail bond with conditions.

What did the court decide?

Directs release on bail with Rs. 10,000 bond and two sureties, one being a near relative, complying with specific conditions of presence and surety qualification.

Jai Prakash Kumar Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2017)

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Patna High Court Cr.Misc. No.23905 of 2017 (3) dt.04-07-2017

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.23905 of 2017

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Arising Out of PS.Case No. -216 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR)

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====================================================== Jai Prakash Kumar, son of Raghunath Rai, resident of Village- Panapur Gaurahi, Police Station- Hajipur Sadar, District- Vaishali

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.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER

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3 04-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

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The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 216 of 2016 registered for the offences punishable under Sections 414, 307 of the Indian Penal Code and Sections 25(1-b), 26, 27 and 35 of the Arms act.

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Allegedly, three persons on motorcycle were seen in suspicious condition and after seeing the Police party they started fleeing but they were chased and then after leaving the motorcycle they opened fire on Police party, the Police party also resorted to firing and out of them two were caught including the petitioner and from possession of the petitioner one pistol having writing “made in USA Auto Pistol” and 3 live cartridges of .765 Bore were recovered besides one old mobile.

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Patna High Court Cr.Misc. No.23905 of 2017 (3) dt.04-07-2017

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Submission is of false implication and that no one was

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injured in the alleged firing, the motorcycle recovered was in the name of the father of the petitioner which has already been released, the petitioner without any fault is suffering in custody since 19.12.2016 and as such the petitioner deserves sympathetic consideration.

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Learned APP opposes the prayer of bail.

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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 learned Additional Chief Judicial Magistrate III, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 216 of 2016, 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.

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(Jitendra Mohan Sharma, J)

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avin/U T

Jai Prakash Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Jai Prakash Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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