In a bail application, the Patna High Court ordered the release of the petitioner on bail after concluding that investigation was complete. Bail was granted subject to furnishing a bond with sureties and conditions regarding antecedents and future conduct.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties.
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.16824 of 2019
Arising Out of PS. Case No.-240 Year-2017 Thana- CHAPRA TOWN District- Saran
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GUDDU MAHTO @ GUDDU KUMAR, Son of Ganesh Prasad, Resident of Mohalla - Mouna Ahirtoli, P.S.- Chapra Town, District - Saran at Chapra
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Anant Kumar 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 27-03-2019
Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 07.06.2017 in a case registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and under Sections 25(1-B)a, 26 and 35 of the Arms Act.
The prosecution case as per the self statement of Ravi Kumar, Inspector-cum-SHO, Town P.S., Saran is to the effect that the informant received a secret information that some miscreants are preparing to commit dacoity. Consequently, a raid was laid but on seeing the police party, all the miscreants tried to flee away from the scene and on chase being made, two persons including the petitioner were apprehended and from the
Patna High Court CR. MISC. No.16824 of 2019(2) dt.27-03-2019 2/2
possession of the petitioner one live cartridge, a mobile phone and a motorcycle were recovered.
It is submitted by learned counsel for the petitioner that the petitioner has maliciously been roped in the present case and the investigation has already been concluded.
Learned APP for the State submits that the recovery has been made from the possession of the petitioner.
Considering the nature of accusation and the fact that the investigation has already been concluded, let the above named petitioner 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 C.J.M., Saran at Chapra in connection with Chapra Town P.S. Case No.240 of 2017.
Since, the petitioner is having serious criminal antecedents, the learned Court below would be at liberty to cancel the bail bonds of the petitioner, if the petitioner defaults on two consecutive occasions or substantially gets involved in similar nature of offence.
(Dinesh Kumar Singh, J)
Deepak/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a dacoity case where investigation is concluded.
2 provisions across 2 enactments
Guddu Mahto @ Guddu Kumar
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
