Oral order allowing bail for the petitioner in a criminal case involving offences under IPC and Arms Act. The court granted bail on bond with sureties after noting custody duration and procedural delays in filing the FIR.
Released on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount 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.21829 of 2020
Arising Out of PS. Case No.-254 Year-2019 Thana- KUDHNI District- Muzaffarpur
==============================================
ABHISHEK KUMAR Son of Arbind Kumar @ Sakal Sahni Resident of Village - Charkoriya, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
============================================== Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Singh For the Opposite Party/s : Mr. Humayun Ahmad Khan ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 08-07-2020
Heard Mr. Ganesh Prasad Singh, learned counsel
for the petitioner and Mr. Humayun Ahmad Khan, learned APP for the State.
The petitioner, who is in custody since 29.11.2019
seeks bail in connection with Kudhani (Turki O.P.) P.S. Case
No. 254 of 2019 dated 19.04.2019 instituted for the offences under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted on behalf of the petitioner that he has not been named in the First Information Report and his name has transpired only in the confession of coaccused person. Apart from this, it has been submitted that
Patna High Court CR. MISC. No.21829 of 2020(2) dt.08-07-2020 2/2
with respect to the occurrence dated 14.04.2018, the First Information has been instituted on 19.04.2019 that is after about a year. Because of the the petitioner’s tainted background, he has been implicated in the present case.
Regard being had to the period of custody of the petitioner and other attendant facts, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -III, West, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 254 of 2019.
(Ashutosh Kumar, J)
sunilkumar/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the given circumstances, considering his custody duration and lack of FIR naming.
ABHISHEK KUMAR
THE STATE OF BIHAR
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
