The Patna High Court granted bail to the petitioner seeking release from custody. He was detained for nine months in connection with offences under the Indian Penal Code and the Arms Act, alleging forced recovery.
Release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.24972 of 2019
Arising Out of PS. Case No.-529 Year-2018 Thana- KANKARBAG District- Patna
======================================================
Mahesh Kumar, Son Of Ram Suhag Rai @ Ram Sohag Ray, Resident Of Nayachak, Dadar Mandi, P.S.- Alamganj, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
2 17-04-2019
Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 21.06.2018 in connection with Kankarbagh P.S. Case No.529 of 2018 registered for the offence under Section 392 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.
Learned counsel for the petitioner submits that the alleged recoveries were forcibly saddled on the petitioner and he was severely beaten up by the crowd. It is further submitted that the petitioner has already been in custody for nine months.
In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.24972 of 2019(2) dt.17-04-2019 2/2
the Smt. Madhvi Singh, J.M. Ist Class, Patna, in connection with
Kankarbagh P.S. Case No.529 of 2018.
(Anjana Mishra, J)
PNM
U T
1 issue framed by the court
Whether the petitioner should be released on bail after nine months of custody in a case alleging recovery of arms and weapons?
2 provisions across 2 enactments
Mahesh Kumar
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
