The High Court of Patna granted bail to the petitioner accused in a case for illegal possession of arms and related offences under the Indian Penal Code and the Arms Act.
Petitioner released on bail bond of 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.
Patna High Court Cr.Misc. No.24703 of 2017 (3) dt.05-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24703 of 2017
Arising Out of PS.Case No. -13 Year- 2017 Thana -ROSHANGAANJ District- GAYA
====================================================== Upendra Sao, son of Rajdeo Sao, resident of Village- Sondaha, P.S.Bankebazar, Dist- Gaya.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 05-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Roshanganj P.S. Case No. 13 of 2017, registered under Section 414 of the Indian Penal Code and Sections 25(1-B(a), 26 and 35 of the Arms Act.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended at the spot rather the name of petitioner and nine others have been disclosed by co-accused, Ravindra Yadav and Akhilesh Kumar, who were said to be apprehended by the police with firearms, mobile sets, cash and other objectionable materials. It is further submitted that after apprehending the petitioner in Kasma P.S.
Patna High Court Cr.Misc. No.24703 of 2017 (3) dt.05-07-2017
Case No. 05 of 2017 he has been remanded in the present case on
06.03.2017 since then he is in custody.
Having regard to the facts and the circumstances of
the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati, Gaya, in connection with Roshanganj P.S. Case No. 13 of 2017. Out of two sureties, one surety must be the close relative of the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in possession of the trial court.
2 provisions across 2 enactments
Upendra Sao
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
