The Patna High Court granted regular bail to the petitioner in a case registered under IPC Section 414 and Arms Act, releasing him upon completion of six months from custody, subject to the trial court's satisfaction and terms.
Regular bail granted immediately upon completion of 06 months from 28.05.2017, on terms deemed fit by the trial court.
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.45481 of 2017
Arising Out of PS.Case No. -193 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
Santosh Sahni, S/o Satyanarayan Sahni, resident of Village- Ujjain Lohiyar Singha, P.S.- Harsidhi, District- East Champaran.
.... .... Petitioner
Versus The State of Bihar
.... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 19-09-2017 Heard learned counsel for the petitioner.
The petitioner seeks regular bail in connection with
Harsidhi PS case no. 193 of 2017 registered for the offences punishable under Sections 414 of Indian Penal Code and 25(1-B), 26, 35 of Arms Act.
The accusation against the petitioner is that while he was going on motorcycle with two other accused persons, the motorcycle was apprehended by the police and a countrymade pistol with 0.315 bore cartridge was recovered.
The learned counsel for the petitioner submits that apart from one case, petitioner has a clean antecedent.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct the release of the
Patna High Court Cr.Misc. No.45481 of 2017 (2) dt.19-09-2017
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petitioner on regular bail immediately upon completion of 06 months from the date of his custody i.e. 28.05.2017 to the satisfaction of learned Chief Judicial Magistrate, Motihari (East Champaran) in Harsidhi PS case no. 193 of 2017 on such terms as may be deemed fit and proper by the learned trial court.
With the aforesaid observation, the instant petition
is disposed of.
(Mohit Kumar Shah, J.)
rinkee/-
U T
3 issues framed by the court
Whether regular bail should be granted to the petitioner after a specified custody period.
Whether the petitioner satisfies bail conditions given his clean antecedents.
Whether the impugned order granting bail in anticipatory terms requires confirmation in regular bail terms.
2 provisions across 2 enactments
Santosh Sahni
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
