The High Court allowed bail to two petitioners accused of offences under the Indian Penal Code and the Arms Act, releasing them on a bond of Rs. 10,000 each with close relatives as sureties.
Release on bail bond of Rs. 10,000 each with two sureties, subject to conditions of appearance and non-interference with witnesses.
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.49139 of 2018
Arising Out of PS.Case No. -201 Year- 2017 Thana -PIPRAKOTHI District- EASTCHAMPARAN (MOTIHARI)
====================================================== 1. Chandan Kumar Tiwari Son of late Anand Tiwari 2. Ashok Kumar Son of Deo Narayan Mahato Both Residents of Village- Rukandipur Tola, Dhanauta, P.S. Daraunda, District- Siwan.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 26-09-2018 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in Piprakothi P.S. Case No. 201 of 2017 instituted for the offence under Sections 399, 402 of the Indian Penal Code, Sections 25(1-b)A, 26 and 35 of the Arms Act.
Counsel for the petitioners submits that petitioners are in custody since 9.10.2017.
From the seizure list it appears that one knife and Mobile phone has been recovered from possession of petitioner No.1 and one loaded country made pistol along with live cartridge and one Mobile phone has been recovered from
Patna High Court Cr.Misc. No.49139 of 2018 (2) dt.26-09-2018
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possession of petitioner No. 2
Keeping in view the period spent by the petitioners in custody, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Piprakothi P.S. Case No. 201 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioners.
The petitioners will cooperate in conclusion of the trial. They will remain present on each and every date of trial till disposal of the case. They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. In the event of default of two consecutive dates, their bail bonds will liable to be cancelled.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioners are entitled to bail in a case involving offences under the Indian Penal Code and the Arms Act.
2 provisions across 2 enactments
Chandan Kumar Tiwari
Ashok Kumar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
