Allowed

Raushan Kumar @ Chhotu v. The State Of Bihar

Patna HC30 Nov 2017CR. MISC./50729/2017

Case brief

AI extract

What is this about?

A criminal miscellaneous application for bail was heard where the petitioner, Raushan Kumar, was charged under the Arms Act. The court allowed bail upon the completion of six months in custody, subject to furnishing a bond and appearing for trial.

What did the court decide?

Enlarged on bail on completion of six months in custody by furnishing a bail bond of Rs. 10,000 with two sureties.

Raushan Kumar @ Chhotu Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50729 of 2017

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Arising Out of PS.Case No. -142 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR)

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====================================================== Raushan Kumar @ Chhotu, Son of Kusheshwar Singh, Resident of VillageRasulpur Sohawan, Police Station-Bhagwanpur, District-Vaishali.

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Narain Singh For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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3 30-11-2017 Heard learned counsel for the petitioner and learned

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APP for the State.

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Petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 142 of 2017 for offences punishable under Sections 25 (1-b)a/26 of the Arms Act.

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The prosecution case, as lodged by the police personnel, is that on information the police conducted raid and some persons managed to flew away but the petitioner was apprehended. On search from his possession one Katta loaded with cartridge and one live cartridge was recovered. Accordingly, a seizure list was prepared.

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It has been submitted by the learned counsel for the

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Patna High Court Cr.Misc. No.50729 of 2017 (3) dt.30-11-2017

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petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that the seizure list has not been prepared in accordance with Section 100 Cr.P.C. as both witnesses were outsiders and not local people, charge-sheet has already been submitted and the petitioner is languishing in judicial custody since 01.08.2017.

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However, learned APP for the State opposes the prayer

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for bail.

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Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 142 of 2017, subject to the conditions that:

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(i) Both the bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

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(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason

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Patna High Court Cr.Misc. No.50729 of 2017 (3) dt.30-11-2017

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will entail cancellation of his bail bonds.

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(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds.

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(Nilu Agrawal, J)

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Devendra/-

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U T

Raushan Kumar @ Chhotu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Raushan Kumar @ Chhotu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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