In a bail petition filed under Criminal Miscellaneous No.59495 of 2019, the Patna High Court granted regular bail to the petitioner with effect from 20.08.2019.
Regular bail granted to the petitioner with effect from 20.08.2019, subject to conditions of the lower court.
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.59495 of 2019
Arising Out of PS. Case No.-128 Year-2019 Thana- ARIYARI District- Sheikhpura
======================================================
Shankar Ram Son of Gariban Ram Resident of Village- Kaimara, Police Station- Ariyari, District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Satyadeo Singh Yadav, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 28-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ariyari P.S. Case No. 128 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 read with section 25(1-B)a, 26 of Arms Act.
The allegation is regarding the petitioner having been apprehended by the police and upon search, one country made pistol and 03 liters of illicit liquor were recovered.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and though he has been accused in two other cases but he is on bail in the said two cases. It is further submitted that the petitioner is languishing in custody since 20.08.2019.
Patna High Court CR. MISC. No.59495 of 2019(3) dt.28-11-2019 2/2
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct for grant of regular bail to the petitioner immediately upon completion of six months of custody i.e. with effect from 20.08.2019 , subject to such conditions as may be imposed by the learned court of 2nd Additional District and Sessions Judge, Sheikhpura in connection with Ariyari P.S. Case No. 128 of 2019.
Accordingly, the present petition has been disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
mdrashid/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail after six months of custody in a case involving offences under the Bihar Prohibition and Excise Act and Arms Act.
Shankar Ram
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
