Petitioner seeking anticipatory bail was identified carrying a pistol in a riot case. Court refused anticipatory bail but directed surrender for regular bail consideration to avoid prejudice.
Application for anticipatory bail dismissed but petitioner directed to surrender for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66093 of 2019
Arising Out of PS. Case No.-64 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
AMIT SAH Son of Late Dilip Sah Resident of Village - Maheshpur, Sikshak Colony, P.S.- Babarganj, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar Sinha For the Opposite Party/s : Mr.Surendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 21-10-2019 Petitioner seeks bail in anticipation of his arrest in
connection with Mojahidpur ( Babarganj) P.S. Case No. 64 of 2019, registered for the offences punishable under Sections 147, 149, 323, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
As per F.I.R. some miscreants were creating havoc by firing and exploding bomb. Petitioner was also identified with having pistol in his hand and part from that petitioner is an accused in two other cases one of them under Explosive Substances Act another under Excise Act.
Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against him and he has falsely been implicated in this case.
On the other hand, learned A.P.P has opposed the
Patna High Court CR. MISC. No.66093 of 2019(2) dt.21-10-2019 2/2
prayer of bail on the stating that petitioner was identified carrying pistol and two cartridges were recovered from the place of occurrence and he is made accused in two criminal cases.
Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record without being prejudice by dismissal of this order.
With the aforesaid, this application is dismissed.
(Vinod Kumar Sinha, J)
T.Kr./-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner arrested under Sections 147, 149, 323, 504, 506 IPC and Section 27 Arms Act.
2 provisions across 2 enactments
Amit Sah
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
