The Patna High Court released the petitioner, a medicine shop owner, on bail after recovery of only an iron rod was alleged in a case involving offences under the IPC and Arms Act. Bail bonds of Rs.10,000 with two sureties were directed.
Release of the petitioner on bail on furnishing bonds of Rs.10,000 with two sureties of the like amount.
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.78432 of 2018
Arising Out of PS. Case No.-1172 Year-2018 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Sikandar Kumar son of Shankar Paswan Resident of Village- Dubarbana P.S.- Meenapur, District- Muzaffapur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Kumari Sujata Sinha For the Opposite Party/s : Mr. Rajendra Prasad Nat ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
2 28-01-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 31.10.2018 in connection with Ahiyapur P.S. Case No. 1172/2018 registered for the offense punishable under Sections 399/402/414 of the Indian Penal Code and Section 25(1-b)a(26)35 of the Arms Act.
Learned counsel for the petitioner submits that though the allegation is of recovery of arms, the only recovery was of an iron-rod. She further submits that the petitioner has been taken into custody on suspicion. He is a medicine shop owner and was merely returning home after closing his shop. The seizure-list itself indicates that only one iron-rod has been recovered from the petitioner.
In view of the aforementioned facts and
Patna High Court Cr.Misc. No.78432 of 2018(2) dt.28-01-2019 2/2
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, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1172/2018.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the nature of the recovery and the facts submitted.
2 provisions across 2 enactments
Sikandar Kumar
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
