The High Court of Judicature at Patna granted bail to the petitioner in PS Case No. 127 of 2017 for offences under Section 393 IPC and Section 27 Arms Act, considering the petitioner was falsely implicated and in custody.
Petitioner released on bail bond of Rs. 10,000 with two sureties subject to 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.68897 of 2018
Arising Out of PS. Case No.-127 Year-2017 Thana- BANGAWON District- Saharsa
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Bikash Kumar @ Golu Kumar, Son of Badri Kamat, Resident of VillageSihaul, P.S.-Bihra, District-Saharsa.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 04-12-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Bangaon P.S. Case No. 127 of 2017 registered for the offence punishable under Section 393 of the Indian Penal Code and Section 27 of Arms Act.
Informant who is the tempo driver in his fardbeyan has stated that on 16.11.2017 at 10:00 PM while he was returning home after plying tempo, three unknown miscreants attempted to commit loot but he did not stop his vehicle and they fired which hit his right hand and anyhow he reached the Primary Health Centre from where he was referred to Sadar Hospital, Saharsa where he was treated.
It has been submitted on behalf of the petitioner that he has been falsely implicated in this case on the basis of
Patna High Court Cr.Misc. No.68897 of 2018(2) dt.04-12-2018 2/2
confession made by co-accused Prakash Kumar who has already been granted bail by this Hon’ble Court as contained in Annexure-2, except said confession there is no other incriminating material against petitioner. Petitioner is in custody since 11.01.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Saharsa, in connection with Bangaon P.S. Case No. 127 of 2017 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
veena/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in connection with offences under Section 393 IPC and Section 27 Arms Act.
Whether the petitioner was falsely implicated based solely on the confession of a co-accused who has been granted bail.
2 provisions across 2 enactments
Bikash Kumar @ Golu Kumar
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
