The High Court of Patna granted bail to the petitioner in Kahalgaon P.S. Case No. 739 of 2018 regarding offences under the IPC and Arms Act, subject to furnishing a bond and conditions regarding sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two close relatives as 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.17590 of 2019
Arising Out of PS. Case No.-739 Year-2018 Thana- KAHALGAON District- Bhagalpur
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SHANKAR KUMAR PASWAN S/o Gobardhan Paswan Resident of VillageHajipur Diyara, P.S.- Muffasil, District- Sahibganj (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Shailendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 27-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Kahalgaon P. S. Case No. 739 of 2018 instituted for the offence under Section(s) 401,419,420,414,467,471,386 and 384 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
Learned counsel for petitioner submits that petitioner has been named in the FIR on the basis of confessional statement of one of the co-accused, namely, Rinku Yadav who was apprehended by the police on the spot.
In the written report, it is alleged that police got secret information that some criminals were collecting money from the truck drivers in police dress. The police party arrived at the place of occurrence and apprehended the co-accused, namely,
Patna High Court CR. MISC. No.17590 of 2019(2) dt.27-03-2019 2/2
Rinku Yadav @ Manish Kumar and Bhim Yadav, but one another co-accused, namely, Sonu Mandal managed to run away. During interrogation, one of the co-accused, namely, Rinku disclosed the name of this petitioner before the police.
Petitioner is in custody since 14.12.2018 having no criminal antecedent.
Considering the aforesaid, 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 C.J.M. Bhagalpur, in connection with Kahalgaon P. S. Case No. 739 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
shyambihari/mu kesh-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case involving offences under the Indian Penal Code and the Arms Act.
2 provisions across 2 enactments
Shankar Kumar Paswan
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
