In a criminal miscellaneous petition, the Patna High Court considered a bail application by a petitioner in custody, noting the nature of accusations and custody duration, and declined to extend bail with liberty to renew application after nine months.
The prayer for bail stands rejected.
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.48209 of 2018
Arising Out of PS. Case No.-175 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur
====================================================== Md. Jamiruddin @ Md. Jamruddin @ Md. Jamiruddin Ansari, S/o Late Md. Khudauddin @ Late Khudauddin, R/o Village- Damodarpur, P.S.-Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Sri Najmul Hoda, Advocate Sri Alok Kumar Alok, Advocate For the Opposite Party/s : Sri Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
3 29-08-2018
Heard Sri Najmul Hoda, learned counsel for the petitioner, assisted by Sri Alok Kumar Alok, learned counsel for the petitioner and Sri Binod Kumar No. 3, learned Additional Public Prosecutor.
The sole petitioner, who is in custody since 20.03.2018 in connection with Sadar P.S. Case No. 175 of 2018, registered for the offence under Sections 414, 399, 402 of the Indian Penal Code , 1860 and Section 25(1-b)A, 26/35 of the Arms Act, 1959, has prayed for grant of bail.
Fact remains that petitioner was also earlier accused in Makhdoompur (Tehta ) P.S. Case No. 153 of 2009.
Patna High Court Cr.Misc. No.48209 of 2018(3) dt.29-08-2018 2/2
Considering the nature of accusation and lesser period of custody, at the moment, I am not inclined to extend the privilege of bail.
The prayer for bail stands rejected with observation that after completion of nine months of custody petitioner would be at liberty to renew his prayer for bail.
(Rakesh Kumar, J)
praful/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in Custody produced before this Court under Sections 414, 399, 402 IPC and Arms Act.
2 provisions across 2 enactments
Md. Jamiruddin Ansari
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
