Patna High Court granted regular bail to the petitioner in a PS Case involving offences under IPC 399, 402 and Arms Act 25(1)(b)(a), 26, directing release upon furnishing a bail bond with two sureties, noting a discrepancy in forensic evidence.
Directed to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties each of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2708 of 2017
Arising Out of PS.Case No. -187 Year- 2016 Thana -LAXMIPUR District- JAMUI
====================================================== 1. Rohit Pandit, son of Krishnadeo Pandit, resident of Village- Kala, Police Station- Laxmipur, District- Jamui .... Petitioner Versus 1. The State of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Brajesh Sahay, Adv. For the Opposite Party : Mr. Tarkeshwar Nath Thakur, APP 144 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 01-03-2017 Heard the learned counsel for the petitioner and the State.
This is a petition for grant of regular bail for offences under Sections 399 and 402 of the Indian Penal Code and 25(1-b)a and 26 of the Arms Act.
When the police apprehended this petitioner, two cartridges were allegedly recovered from his possession and on the disclosure by this petitioner a rifle was recovered from the jungle.
Submission of the petitioner is that the petitioner is in custody since 14.10.2016 and the forensic examination report of the cartridge would reveal that the report relates to some other cartridge than what was recovered from the possession of this petitioner, which is a serious discrepancy.
Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)
Patna High Court Cr.Misc. No.2708 of 2017 (3) dt.01-03-2017
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with two sureties of the like amount each in connection with Laxmipur P.S. Case No. 187 of 2016 to the satisfaction of Sri Aunogra Kumar, Judicial Magistrate, 1st Class, Jamui, or successor Court.
(Birendra Kumar, J)
SA/-
U √ T √
2 issues framed by the court
Whether the petitioner is entitled to regular bail considering discrepancies in the forensic examination report of the recovered cartridge.
Whether the petitioner should be released on bail upon furnishing a surety bond in connection with offences under Sections 399, 402 IPC and Sections 25(1)(b)(a), 26 of the Arms Act.
2 provisions across 2 enactments
Rohit Pandit
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
