In an oral order, this Bench granted bail to the petitioner in a case involving Sections 399, 402 IPC and Arms Act offences, directing him to furnish bonds of Rs. 10,000 with sureties.
Released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56888 of 2019
Arising Out of PS. Case No.-233 Year-2018 Thana- HAJIPUR District- Vaishali
======================================================
Vivek Rai @ Bhakua Son of Harendra Rai Resident of Village- Hathsarganj, P.S.- Hajipur Town, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Bhanu Pratap Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 09-09-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 399, 402 of the Indian Penal Code and Sections 25(1b)a, 26II, 35 of the Arms Act.
Allegation is that one country made pistol along with a cartridge is recovered from co-accused Sakaldip Kumar and one magazine containing one cartridge is recovered from coaccused Uma Shankar.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.04.2018. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on confessional statement of co-accused.
Patna High Court CR. MISC. No.56888 of 2019(2) dt.09-09-2019 2/2
One country made pistol along with a cartridge is recovered from co-accused Sakaldip Kumar and one magazine containing one cartridge is recovered from co-accused Uma Shankar. There is no recovery of any arms from the possession of the petitioner. There is no compliance of Section 100 of Cr.P.C. Other coaccused has been granted bail vide Annexure 2 to the present application by a co-ordinate Bench of this Court.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. case No.233 of 2018.
Narendra/-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to bail in the case involving offensively used weapon and possession of arms.
Vivek Rai @ Bhakua
The State of Bihar
Sudhir Singh
As recorded by the court registry
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