The Patna High Court allowed bail to the petitioner in a case under the IPC and Arms Act, declining to apply for his release from custody upon furnishing sureties and bonds.
Petitioner released on bail on furnishing bonds of Rs 10,000 with two suretos of like amount subject to conditions of representation and address update.
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 62808 of 2017
Arising Out of PS.Case No. -203 Year- 2017 Thana -KATEYA District- GOPALGANJ
====================================================== Pintu Chouhan, Son of Raj Mangal Chouhan, Resident of VillageChitouna, P.S. Kateya, District- Gopalganj.
.... .... Petitioner/s
The State of Bihar
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr Dhramveer, Advocate For the S t a t e : Mr Murlidhar, APP
====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
3 17-02-2018 Heard counsel for the petitioner and the State.
Petitioner seeks bail in a case registered under Sections 414/413 of Indian Penal Code and Sections 25/26 of Arms Act.
It is submitted on behalf of the petitioner that he is innocent and has committed no offence and has falsely been implicated in this case. The factum of recovery of loaded pistol is denied and disputed by the petitioner. The petitioner is in custody since 27.07.2017 and though there is another case pending against the petitioner prior to the instant case, in the said case, he is on bail.
Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail
Patna High Court Cr.Misc. No.62808 of 2017 (3) dt.17-02-2018
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on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XX, Gopalganj in Kateya Police Station Case No 203 of 2017 subject to the following conditions:
(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the petitioner will be well represented on each date and if he fails do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H. /-
U T
1 issue framed by the court
Whether the prayer for bail in a case under Sections 414/413 IPC and Arms Act should be allowed.
2 provisions across 2 enactments
Pintu Chouhan
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
