In a bail petition under Section 414 IPC and the Arms Act, the Patna High Court allowed regular bail, noting no firearm was recovered from the petitioner, and ordered release against a bond with two close relative sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two close relative 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.3520 of 2019
Arising Out of PS. Case No.-509 Year-2018 Thana- District- Saharsa
======================================================
Kanhaiya Kumar Bhagat @ Kanhaiya Bhagat s/o Ashok Bhagat Resigdent of Village + P.S +P.O- Saur Bajar, Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Adv. For the Opposite Party/s : Mr. Prem Kumar Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 01-02-2019
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks regular bail in Saurbajar P.S. Case No. 509/2018, registered for the offences punishable under Section 414 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.
Learned counsel for the petitioner has submitted that from seizure list it will be apparent that no firearm was recovered from possession of petitioner, but it is mentioned in the seizure list that one mobile was recovered from possession of this petitioner. Petitioner is in custody since 07.09.2018.
Considering the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above-named, be released on bail on furnishing bail
Patna High Court Cr.Misc. No.3520 of 2019(2) dt.01-02-2019 2/2
bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saurbajar P.S. Case No. 509/2018, subject to the condition that both the bailors will be close relative of the petitioner.
(Sanjay Priya, J)
vinita/- U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving offences under Section 414 IPC and the Arms Act.
Whether the seizure of a mobile phone without recovery of a firearm influences the bail decision.
2 provisions across 2 enactments
Kanhaiya Kumar Bhagat @ Kanhaiya Bhagat
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
