The Patna High Court granted bail to the petitioner, who was in custody for over two years in connection with offences under the IPC and Arms Act, allowing release upon furnishing a bail bond of Rs. 10,000 with two sureties.
Release on bail upon furnishing a bond of Rs. 10,000 with two sureties of similar amount on specific conditions.
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.45145 of 2018
Arising Out of PS.Case No. -144 Year- 2016 Thana -SALIMPUR District- PATNA
====================================================== Kamlesh Kumar Rajak S/o Late Vinod Rajak, a resident of Madhara, P.S.Deep Nagar, District- Nalanda.
.... .... Petitioner/s
The State of Bihar
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 13-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 13.11.2016 in connection with Salimpur P. S. Case No. 144 of 2016 for the offence registered under Section 414 of the Indian Penal Code and 25(1-b)a/26 of the Arms Act.
Learned counsel for the petitioner submits that though it is alleged that the country made pistol along with two live cartridges were recovered from the possession of the petitioner, the petitioner has already languished in custody for more than two years and the other recoveries are not shown from his possession but from possession of co-accused. So far as other antecedent of the petitioner are concerned, petitioner has already been extended the privilege of bail.
Considering the aforesaid facts and circumstances of
Patna High Court Cr.Misc. No.45145 of 2018 (2) dt.13-08-2018
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the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Salimpur P.S. Case No.144 of 2016, subject to the following conditions :-
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J)
N.H./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail after languishing in custody for over two years given the recovery of a pistol from his possession and other recoveries from co-accused.
2 provisions across 2 enactments
Kamlesh Kumar Rajak
State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
