The High Court granted bail to the petitioner, who was charged with demanding ransom, theft of cash and mobile, and offenses under the Arms Act, subject to a fine deposit of Rs. 50,000 and furnishing of bail bonds.
Petitioner directed to deposit Rs. 50,000 and release on bail by furnishing bonds of Rs. 10,000 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.8938 of 2019
Arising Out of PS. Case No.-486 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
====================================================== Dharmendra Kumar S/o Sahdeo Mahto R/o Village- Parna Tola, P.S.Nimachandpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
7 01-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 386, 387/34 of the Indian Penal Code and 27 of the Arms Act.
The allegation against the accused persons including the petitioner is of demanding ransom from the informant. It is also alleged that the accused persons took away cash and mobile from employees of the petrol pump, in question. Firing was also made by them.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 16-10-2018. Charge sheet in this case has already been submitted. The petitioner has
Patna High Court CR. MISC. No.8938 of 2019(7) dt.01-08-2019 2/2
been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. It is further submitted that the petitioner is ready to deposit an amount of Rs. 50,000/- which shall be subject to final outcome of the case.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The petitioner has got criminal antecedent.
Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 50,000/- which shall be subject to final outcome of the case. On doing so, 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 486 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
3 issues framed by the court
Whether the petitioner deserves to be released on bail in a case involving demand of ransom, shooting, and arms offenses.
Whether the petitioner's criminal antecedents and the allegations of racketeering require keeping him in custody.
Whether the petitioner's undertaking to deposit Rs. 50,000 satisfies the bail conditions.
2 provisions across 2 enactments
Dharmendra Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
