On bail application in PS Case No.271 of 2019, the court granted bail to the petitioner, directing him to furnish bonds and two sureties before the Special Judge (Excise), Nalanda.
The petitioner to be released on bail on furnishing bonds and two sureties.
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.11731 of 2020
Arising Out of PS. Case No.-271 Year-2019 Thana- DEEPNAGAR District- Nalanda
======================================================
CHHOTU KUMAR @ SUNNY @ CHINTU KUMAR @ SUNNY KUMAR Son of Kamlesh Verma @ Kamlesh Prasad @ Kamlesh Prasad Verma Resident of Village- Sugiya, P.S.- Sheikhopur Sarai, District- Sheikhpura.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar For the Opposite Party/s : Mr.Pronoti Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 28-02-2020 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 399, 402 of I.P.C. and Sections 25(1b)a, 26, 35 of Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that one country made loaded pistol and one live cartridge and one bottle of 750 ml wine are recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.09.2019. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.11731 of 2020(2) dt.28-02-2020 2/2
petitioner. It is alleged that one loaded country made pistol and one live cartridge and one bottle of 750 ml wine are recovered. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.
Considering the aforesaid facts and circumstances, it is directed that 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 3rd Additional District and Sessions Judge-cum-Special Judge (Excise), Nalanda at Bihar Sharif in connection with Deep Nagar P.S. case No.271 of 2019.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner who is in custody and named in the FIR.
3 provisions across 3 enactments
Chhotu Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
