The High Court at Patna granted bail to the petitioner accused in an FIR for offences under the IPC and Arms Act, allowing release on furnishing a bail bond with sureties who must be close relatives.
Petitioner released on bail by furnishing 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.2511 of 2019
Arising Out of PS. Case No.-61 Year-2018 Thana- ANTICHAK District- Bhagalpur
======================================================
Prakash Sharma @ Jay Prakash Sharma, son of late Baijanath Sharma @ Baijnath Mistri, resident of village Birbanna, Police Station Antichak, District Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nand Singh, Advocate. For the Opposite Party/s : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
4 13-02-2019
Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in Antichak P.S. Case No.
61 of 2018, instituted for the offence under Section(s) 341, 323, 448, 307, 354B/34 of the Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioner submits that co-accused Pappu Sharma with similar allegation has already been granted bail by this Court vide order dated 5.2.2019 passed in Cr. Misc. 112 of 2019.
It is alleged in the written report that petitioner along with three other accused persons attempted to outrage the modesty of his wife and on protest they shot fire at her. Wife of
Patna High Court Cr.Misc. No.2511 of 2019(4) dt.13-02-2019 2/2
informant was taken to Siliguri for better treatment.
Counsel for the petitioner submits that during investigation injured has given her statement which is available in paragraph-24 of the case diary, wherein she has levelled allegation against co-accused Kailash Yadav of causing firearm injury to her. It is mentioned in the order dated 5.2.2019 passed by this Court in Cr. Misc. 112 of 2019 that the injury report shows that victim has received only one gun shot injury on her person which opined to be grievous in nature.
Petitioner is in custody since 21.10.2018 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Additional Chief Judigical Magistrate-XIV, Bhagalpur, in connection with Antichak P.S. Case No. 61 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether the prayer for bail of the accused in the present case should be allowed or not.
Prakash Sharma @ Jay Prakash Sharma
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
