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Md. Danish v. The State of Bihar

Patna HC4 Jun 2020CR. MISC./17180/2020

Case brief

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What is this about?

The Patna High Court granted bail to the petitioner, who was in custody for offenses under the IPC and Arms Act. The order imposed standard bail conditions and provided for provisional release without sureties during the COVID-19 lockdown.

What did the court decide?

Petitioner released on bail on Rs. 20,000 bond with two sureties; provisional release permitted if sureties unavailable due to lockdown.

Md. Danish Vs The State of Bihar — Cheque Dishonour | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17180 of 2020

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Arising Out of PS. Case No.-1355 Year-2019 Thana- AHIYAPUR District- Muzaffarpur

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======================================================

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MD. DANISH S/o Irmul Hoda @ IImul Hoda Resident of Chandwara Ghat, Harpur,P.S- Ahiyapur (Yehiapur), District- Muzaffarpur, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Akhileshwar Pandey, Advocate. For the Opposite Party/s : Mr.Ashok Kumar Singh, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 04-06-2020

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This matter has been taken up through Video Conferencing.

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Heard the parties.

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The petitioner is languishing in custody for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

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One loaded country made pistol was allegedly recovered from the possession of the petitioner and from possession of some other co-accused. Petitioner is in custody since 13.11.2019. Petitioner has stated on oath that he has got no criminal antecedent. Investigation of the case is already complete.

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Learned APP for the State opposed the prayer for bail.

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Considering the period already undergone by the

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Patna High Court CR. MISC. No.17180 of 2020(2) dt.04-06-2020 2/2

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petitioner and no chance of conclusion of trial in near future due to COVID-19 effect, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ahiyapur P.S. Case No. 1355 of 2019, G.R. No. 6163 of 2019 with following conditions:

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(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

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(b) 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.

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If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

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(Birendra Kumar, J)

Md. Danish v. The State of Bihar

Case brief

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Md. Danish v. The State of Bihar

Case brief

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