The court granted regular bail to the petitioner in connection with PS Case No. 56 of 2018 involving offences under IPC and Arms Act, considering recovery of no arms and no prior criminal record.
Granted regular bail on furnishing a bond of Rs. 10,000 with two sureties of similar amount to the Chief Judicial Magistrate, Gaya.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33637 of 2018
Arising Out of PS.Case No. -56 Year- 2018 Thana -GAYA MUFFSIL District- GAYA
====================================================== Dhandhan Rawani @ Tantan Rawani Son of Mithlesh Rawani Resident of Manpur Gandhi Nagar, P.S. Mofassil, District- Gaya.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
3. 13-06-2018 Perused the office notes. Learned counsel for the petitioner submits that a supplementary affidavit has already been filed in this case and the matter is ready for hearing.
As prayed for, the matter has been taken up for final disposal.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application has been filed for the grant of regular bail to the petitioner in connection with Moffasil P.S. Case No. 56 of 2018 for the offences punishable under Sections 401 and 411 of the Indian Penal Code and under Sections 25(1-b)a/26/35 of Arms Act.
Learned counsel for the petitioner submits that even though this petitioner is said to have been arrested while trying to flee away from the place of occurrence and from his possession one iron rod, which is normally used for breaking lock and kabja of the door have been recovered, petitioner has not been found in possession of
Patna High Court Cr.Misc. No.33637 of 2018 (3) dt.13-06-2018
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any arms and ammunitions. It is submitted that he is in custody for the last four months and the investigation is complete in the matter. it is further submitted that there is one case against the petitioner which has been registered on the same day arising out of the same transaction/occurrence. Save and except that he has no criminal antecedent prior to this case.
Learned counsel for the State is present and opposed the prayer for bail of the petitioner.
Considering the facts and circumstances whereunder it appears that no arms and ammunitions have been recovered from the possession of the petitioner and prior to this case he has no criminal antecedent and he has remained in custody for about four months, I am inclined to grant regular bail to the petitioner on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Moffasil P.S. Case No. 56 of 2018.
(Rajeev Ranjan Prasad, J.)
Rajeev/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in offences under Sections 401, 411 IPC and Arms Act.
Dhandhan Rawani @ Tantan Rawani
The State of Bihar
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
