This is an oral order granting bail to the petitioner accused in Arwal P.S. Case No.179 of 2018 for offences under IPC Sections 303 and 307 and Arms Act Section 27, subject to standard bail conditions.
Petitioner released on bail with bond of Rs. 10,000/- and 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.5246 of 2019
Arising Out of PS. Case No.-179 Year-2018 Thana- ARWAL District- Jehanabad
======================================================
Prince Kumar, Son of Satydev Singh, Resident of Village- Sarwan, P.S.Rampur Chauram, District-Arwal
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh For the Opposite Party/s : Mr.Indra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 30-01-2019
Heard learned counsel for the petitioner as well as
learned counsel appearing on behalf of the State.
Petitioner seeks bail in connection with Arwal P.S. Case No.179 of 2018 registered for the offence punishable under Sections 393 and 307 of the Indian Penal Code and under Section 27 of the Arms Act.
Allegation against petitioner is of firing upon the office gate of the informant as a result of which his staffs sustained firearms injuries.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. FIR is against unknown. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-acused Kabir Kumar. Similarly, situated co-accused person has been granted
Patna High Court Cr.Misc. No.5246 of 2019(2) dt.30-01-2019 2/2
bail by this Court vide order dated 20.12.2018 passed in Cr.Misc. No.76726 of 2018. Petitioner has got no criminal antecedent and is in custody since 28.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No.179 of 2018 with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Mohit Kumar Shah, J)
sanjeev/-
U T
1 issue framed by the court
Whether the petitioner, accused under IPC Sections 303 and 307 and Arms Act Section 27, is entitled to bail.
2 provisions across 2 enactments
Prince Kumar
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
