The High Court of Patna allowed bail to the petitioner in a criminal case involving Section 399, 402, 414 IPC and the Arms Act, directing release on a bond of Rs. 10,000 with two sureties.
Released on bail on furnishing bond of Rs.10,000 with two sureties of like amount to satisfaction of Addl CJM-II, Danapur.
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.51433 of 2018
Arising Out of PS.Case No. -228 Year- 2018 Thana -RUPASPUR District- PATNA
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Bipin Kumar, S/o Naresh Rai, aged about 22 Years, R/o Vill.- Sowagodam Budhaila, P.S.- Sonepur, District- Saran at Chapra.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar Gupta, Advocate For the Opposite Party/s : Mr. Sri Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 25-09-2018 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Rupaspur P.S. Case No. 228 of 2018 instituted for the offence under Sections 399, 402, 414 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act.
It is alleged in the written report that during checking of the vehicle, the petitioner was found driving the Motorcycle as mentioned in the seizure list without valid papers.
Counsel for the petitioner submits that petitioner was driving the Motorcycle which is alleged to have been recovered from co-accused Golu Kumar Sharma. Golu Kumar was also apprehended by police along with the petitioner. The aforesaid Motorcycle is in the name of brother of petitioner having all valid
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papers. The police has illegally mentioned in the seizure about different Motorcycle in possession of the petitioner.
Petitioner is in custody since 8.6.2018.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Additional Chief Judicial Magistrate-II, Danapur, in connection with Rupaspur P.S. Case No. 228 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the said PS case.
2 provisions across 2 enactments
Bipin Kumar
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
