The Patna High Court granted bail to the petitioner charged under the IPC and Arms Act. The release was ordered pending consideration of antecedents and procedure compliance, specifically requiring surrender of the impounded weapon.
Petitioner granted bail by furnishing Rs. 10,000 bond with two sureties to the J.M. Ist Class, Sherghati.
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.14832 of 2019
Arising Out of PS. Case No.-123 Year-2018 Thana- IMAMGANJ District- Gaya
======================================================
SUDDU @ SATYENDRA KUMAR, aged about 23 years, Son of Raghunandan Malakar, Resident of Village- Parasiya, P.S.- Imamganj, District- Gaya.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Indrajesh Kumar, Advocate. For the Opposite Party : Mr.Sanjay Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 22-07-2019
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 06.09.2018 in a case for the offence registered under Sections 399, 402 of the IPC and 25(1-b)a, 26 and 35 of the Arms Act.
The prosecution story, in brief, is that on the date and time of occurrence, the informant received a secret information that in Raniganj at market area 3-4 persons had assembled near the house of this petitioner for committing some crime. Thereafter, the informant and others reached there. Upon which, seeing the police jeep, 3-4 persons tried to flee away from there but the petitioner was apprehended by the informant. On search, one country made pistol and two live cartridges was recovered.
Patna High Court CR. MISC. No.14832 of 2019(4) dt.22-07-2019 2/2
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. One country made pistol alongwith two live cartridges is alleged to have been recovered from possession of the petitioner. There is no compliance of Section 100 Cr. P.C.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Sherghati, in connection with Imamganj P.S. Case No. 123 of 2018.
(Sudhir Singh, J)
U.K./-
U T
3 issues framed by the court
Whether the petitioner entitled to bail considering no criminal antecedents and lack of witness tampering allegation under Section 399 IPC and Arms Act offences.
Whether non-compliance of Section 100 CrPC vitiates the investigation warranting bail.
Whether the quantum of bail bond and number of sureties are appropriate for disarmament charges.
3 provisions across 3 enactments
Suddu @ Satendra Kumar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
