The High Court of Patna granted bail to the petitioner in a criminal case involving possession of a pistol and alleged offenses under the IPC and Arms Act.
Release on bail by furnishing bonds 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.43516 of 2018 (2) dt.20-07-2018
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43516 of 2018
Arising Out of PS.Case No. -305 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR)
====================================================== 1. Sanjeev Kumar @ Sanjeev Kumar Singh, Son of Late Baleshwar Prasad @ Baleshwar Prasad Singh, resident of Murliyachak, P.S. Sadar Hajipur, District- Hajipur.
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Singh For the Opposite Party/s : Mr. Sunil Kumar Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
02 20.07.2018 Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under
sections 399, 402, 414 of the IPC and sections 25(I-B)A, 28, 35 of the Arms Act.
Petitioner is said to have been caught along with co-accused Heena Khatoon whereas other remaining FIR named accused managed to escape from there. Furthermore, it is alleged that one country-made loaded pistol and mobile were recovered from conscious possession of the petitioner. Petitioner does have criminal antecedent of only two cases and moreover, petitioner is in jail custody since 16.11.2017.
Accordingly, petitioner is directed to be released on
Patna High Court Cr.Misc. No.43516 of 2018 (2) dt.20-07-2018
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bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Lalganj P.S. Case no. 305/2017.
shahid
(Hemant Kumar Srivastava,J)
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case registered under sections 399, 402, 414 IPC and Arms Act.
Whether the petitioner, despite being in jail custody since late 2017 and having a pistol in his possession, can be released on bail.
2 provisions across 2 enactments
Sanjeev Kumar @ Sanjeev Kumar Singh
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
