In a criminal miscellaneous petition filed for bail in a case involving offences under IPC and Arms Act where investigation was complete and no evidence tampering alleged, the Court granted bail on the petitioner furnishing a bond. Two sureties were mandated.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties of Rs. 10,000 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.79027 of 2019
Arising Out of PS. Case No.-460 Year-2018 Thana- BARAUNI District- Begusarai
======================================================
CHAMPAK JHA Son of Late Shambhu Jha @ Shambhunath Jha Resident of Village - Kiel Godhara, P.S.- Barauni (Gorhara O.P.), District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar, Adv For the Opposite Party/s : Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
... ... Opposite Party/s
2 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506, 120-B of the Indian Penal Code and 27 of the Arms Act.
Three person including the petitioner fired at the informant causing injury. Two others have already been allowed bail in the past by a Coordinate Bench of this Court as well as this Court. Petitioner is in custody since 18.01.2019. Investigation of the case is complete. There is no allegation of tampering with the evidence.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.79027 of 2019(2) dt.04-12-2019 2/2
learned Court below where the case is pending in connection with Barauni (F.C.I.) Police Station Case No.460 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in offences punishable under Sections 147, 148, 149, 307, 504, 506, 120-B IPC and 27 Arms Act.
2 provisions across 2 enactments
Champak Jha
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
