This is an oral order granting bail to a petitioner arrested for dacoity and arms offenses after the investigation concluded. The court ordered release on furnishing a bail bond with two sureties, citing no criminal antecedent.
Petitioner released on bail by furnishing a bail 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. 17356 of 2019
Arising Out of PS. Case No.-430 Year-2018 Thana- GHOSI District- Jehanabad
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DHARMRAJ KUMAR @ CHHOTU KUMAR @ CHHOTU Son of Lalmuni Prasad @ Munilal Prasad R/o village- Palipar, P.S- Ekangar Sarai, DistrictNalanda
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Awadhesh Prasad Sinha For the Opposite Party/s : Mr.Choubey Jawahar
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 28-03-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 31.10.2018 in a case registered for the offences punishable under Sections 399,402 and 414 of the I.P.C. and Sections 25(1-B) a, 26 and 35 of the Arms Act.
The prosecution case is that the informant received an information that some miscreants are preparing to commit dacoity, whereupon, a raid was laid, when four persons including the petitioner were arrested, however, two escaped from the scene. It is alleged that from the possession of the petitioner, one country made pistol was recovered.
It is submitted by learned counsel for the petitioner that the investigation has already been concluded. Statement has been made in paragraph 3 of the petition that the petitioner is
Patna High Court CR. MISC. No. 17356 of 2019(2) dt.28-03-2019 2/2
not having any criminal antecedent.
Learned APP submits that recovery has been made from
the possession of the petitioner.
Considering the fact that investigation has already been concluded, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. and the period in custody, 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 the learned ACJM, Jehanabad in connection with Ghosi (Okari) P.S. Case No.430 of 2018.
(Dinesh Kumar Singh, J)
anil/-
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3 issues framed by the court
Whether the petitioner, languishing in custody, should be released on bail considering the concluded investigation and lack of criminal antecedent.
Whether the recovery of a country made pistol from the petitioner affects the bail eligibility.
What conditions, if any, should be imposed for the petitioner's release on bail.
2 provisions across 2 enactments
Dharmraj Kumar @ Chhotu Kumar @ Chhotu
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
