The High Court at Patna rejected the petitioner's bail plea in a criminal miscellaneous matter. The petitioner apprehended arrest in a case involving ITEA and Arms Act offences. The Court deemed it not a fit case for bail.
Prayer for bail rejected; liberty granted to renew prayer after framing of charges.
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.29235 of 2019
Arising Out of PS. Case No.-107 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj
======================================================
KEYASH BIN @ KYASH BIN Son of Narayan Bin @ Narayan Prasad Resident of Village - Piparahi, P.S.- Uchkagaon, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 09-07-2019
Heard learned counsels for the petitioner and the
State.
Petitioner apprehends arrest in connection with Gopalganj (Town) P.S. Case No. 107 of 2019 registered for the offence punishable under sections 399, 402, 413, 414 of the Indian Penal Code and sections 25(1-B)a/26/35 of the Arms Act.
Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of this petitioner. Petitioner is in custody since 25.02.2019.
Learned Addl. P.P. appearing for the State
Patna High Court CR. MISC. No.29235 of 2019(4) dt.09-07-2019 2/2
opposes the prayer for bail and submits that petitioner has been apprehended on the spot making conspiracy for committing crime.
Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.
However, petitioner may renew his prayer for bail after framing of charge.
(Arvind Srivastava, J)
mcv/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in the present stage of the trial.
Whether the allegations warrant granting bail before the framing of charges.
Keyash Bin @ Kyash Bin
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
