The High Court of Patna, in an oral order, granted bail to the petitioner accused in a Paliganj P.S. case under Section 414 IPC and Arms Act provisions, directing him to furnish a bond with sureties.
Petitioner released on bail by furnishing a bond of Rs. 10,000/ - with 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.65030 of 2019
Arising Out of PS. Case No.-235 Year-2019 Thana- PALIGANJ District- Patna
======================================================
SUNIL KUMAR @ SUNIL YADAV Son of Late Anant Yadav Resident of Village - Mohammadour, P.S.- Paliganj, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Akshansh Ankit For the Opposite Party/s : Mr.Anita Kumari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 25-10-2019 Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner is accused in connection with Paliganj P.S. Case No. 235 of 2019 registered under Section 414 of the I.P.C. and sections 25(1-b)/26/35 of the Arms Act.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case. Petitioner was earlier employed in B.S.F. under Meritorious Sports Persons and purchased sporting rifle as well as 0.32 bore revolver while being posted in Jammu and Kashmir with permission from the Competent Authority and obtained license issued by the D.M., Kupwara, Jammu and Kashmir, which was also renewed vide Annexure-P2. It is also submitted that during the leave period, the medical condition of the
Patna High Court CR. MISC. No.65030 of 2019(2) dt.25-10-2019 2/2
petitioner was deteriorated (Annexure-P3). On perusal of Annexure-P4, it appears that the recovered amount relates to sell of his joint family property. Further submission is that similarly situated co-accused person has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 60916 of 2019 on 15.10.2019. Petitioner is in custody since 06.07.2019.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Danapur in connection with Paliganj P.S. Case No. 235 of 2019.
(Arvind Srivastava, J)
shailendra/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail after being accused under Section 414 IPC and provisions of the Arms Act.
2 provisions across 2 enactments
Sunil Kumar @ Sunil Yadav
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
