The Patna High Court granted regular bail to the petitioner, who was prosecuted for offences under the Arms Act and IPC Section 414, noting that framing of charges had reduced the risk of flight or evidence tampering.
Petitioner granted regular bail on furnishing bonds of Rs. 10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30546 of 2019
Arising Out of PS. Case No.-97 Year-2018 Thana- MAKER District- Saran
======================================================
KALI NUT @ KALI NAT Son of late Bilat Nut Resident of Village - Wajitpur Bhoraha, P.S.- Marhowrah, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Singh For the Opposite Party/s : Mr.Aditya Narayan Singh.1 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
4 04-07-2019
Heard the learned counsel for the petitioner and the learned APP for the State.
This is the second attempt of the petitioner regarding seeking regular bail in connection with Maker P.S. Case No. 97 of 2018, registered for the offence punishable under Sections 25(1-b) a/26 of the Arms Act and Section 414 of the Indian Penal Code.
The case of the prosecution is that upon the petitioner being apprehended by the police and a search being made, one country made pistol of .315 bore and a live cartridge were recovered from the possession of the petitioner. The petitioner is said to have disclosed before the police about the group of thieves, who were engaging in theft cases and he
Patna High Court CR. MISC. No.30546 of 2019(4) dt.04-07-2019 2/3
had disclosed himself to be one of the gang members.
The petitioner is accused in three other cases, as such this Court found the petitioner disentitled to be granted the privilege of regular bail.
Now, the learned counsel for the petitioner submits that the learned Trial Court has already framed charges in the aforesaid case by an order dated 25.6.2019 for the offences punishable under Section 414 of the Indian Penal Code and Section 25(1-B)/A/26 of the Arms Act and the trial is likely to begin shortly. It is further submitted that since the charges have already been framed, the likelihood of the petitioner, of either fleeing away or tampering with the evidence, no longer exists.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XII, Saran, Chapra in connection with Maker P.S. Case No. 97 of 2018.
It is needless to state that the petitioner is directed to be
Patna High Court CR. MISC. No.30546 of 2019(4) dt.04-07-2019 3/3
present on each and every date so fixed before the concerned court and in case of two consecutive defaults, the present privilege of bail shall stand cancelled and the petitioner would be taken into custody forthwith.
The present petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
ajay gupta/- U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail despite being an accused in other cases.
Whether the framing of charges eliminates the risk of the petitioner fleeing or tampering with evidence.
KALI NUT @ KALI NAT
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
