The court rejected the immediate bail application of Karan Kumar in an arm robbery case. Bail was granted subject to the condition that it becomes effective only after the petitioner completes six months of jail custody.
Bail granted subject to the condition of completion of six months of jail custody by the lower court.
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.80539 of 2018
Arising Out of PS. Case No.-610 Year-2018 Thana- NATHNAGAR District- Bhagalpur
====================================================== Karan Kumar, Son of Sudhansu Mandal the resident of village- Mahasay Dhyodhi, ward no.1, Champanagar, P.S.- Nathnagar, District- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Swapnil Kumar Singh For the Opposite Party/s : Mr.Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 21-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Nathnagar (Lalmatiya) P.S. Case No. 610 of 2018 registered for the offence punishable under Sections 25 (1-b)a, 26 and 35 of the Arms Act.
Informant who is a police officer has alleged in his self statement that from the possession of petitioner one country made revolver was recovered.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He was apprehended in a party were many others were present. He is in custody since 06.10.2018.
Considering nature of allegation , I am not
Patna High Court Cr.Misc. No.80539 of 2018(3) dt.21-02-2019 2/2
inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.
However, it is observed that the petitioner named above be released on bail after completing six months of jail custody by the court below upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bhagalpur, in connection with Nathnagar (Lalmatiya) P.S. Case No. 610 of 2018, with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
manoj/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail in the Nathnagar P.S. Case No. 610 of 2018.
Whether the petitioner should be granted bail after completing a specific period of jail custody.
The conditions for granting bail to the petitioner.
1 provisions across 1 enactments
Karan Kumar
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
