Bail granted to the petitioner in the in custody in a serious offence: accused (shared/force) against the informant and sections 27 of the Arms Act.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties to the satisfaction of the learned A.C.J.M, 12th Bhojpur at Ara.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77948 of 2019
Arising Out of PS. Case No.-121 Year-2018 Thana- CHANDI District- Bhojpur
======================================================
Mahabir Yadav @ Mahabir Rai, Son of Ramuna Yadav, Resident of VillageRupchakiya, Police Station-Chandi, District-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gopal Govind Mishra, Advocate For the Opposite Party/s : Mr.Ajay Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 02-12-2019
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Chandi P.S. Case No. 121 of 2018 registered for the offences under Sections 394/34 of the Indian Penal Code and 27 of the Arms Act.
Prosecution case in short is that the truck of the informant was overtaken by the accused persons and thereafter, firing was made as a result of which, the informant sustained fire arms injury. It is also alleged that some money was snatched from the informant.
Learned counsel for the petitioner submits that petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The
Patna High Court CR. MISC. No.77948 of 2019(2) dt.02-12-2019 2/2
petitioner is in custody since 02.08.2019 and charge-sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on TIP.
Learned counsel for the petitioner further submits that similarly situated co-accused have already been granted bail by coordinate Benches of this Court vide order dated 13.09.2019 and 23.10.2019 passed in Cr. Misc. No. 57335 of 2019 and Cr. Misc. No. 63888 of 2019 respectively.
In view of the facts and circumstances of the case, let the petitioner above named 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 learned A.C.J.M. 12, Bhojpur at Ara, in connection with Chandi P.S. Case No. 121 of 2018.
(Anjani Kumar Sharan, J)
khushbu/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in the under-trial custody.
Whether the petitioner qualifies for bail considering the nature of the offence and lack of criminal antecedent.
2 provisions across 2 enactments
Mahabir Yadav @ Mahabir Rai
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
