The court allowed bail to the petitioner in a case involving offences under sections 414/34 of the Indian Penal Code and sections 25/26/35 of the Arms Act, subject to conditions including furnishing a bail bond and sureties.
Petitioner enlarged on bail by furnishing bail bond of Rs.10,000 with two sureties of equal amount.
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.23225 of 2020
Arising Out of PS. Case No.-41 Year-2020 Thana- MITHANPURA District- Muzaffarpur
======================================================
AMIT KUMAR @ TINKU SINGH Son of Shyam Kishore Singh Resident of Village - Rajput Tola Kanhauli, P.S.- Mithanpur, Distt.- Muzaffarpur, Bihar
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Chaudhary, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 10-09-2020
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State via Video conferencing.
The petitioner seeks bail in a case registered for the offence punishable under sections 414/34 of the Indian Penal Code as well as sections 25/26 and 35 of the Arms Act.
As per prosecution’s case, there is recovery of one live cartridge of .315 bore from the right pocket of petitioner’s pant.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to local village politics. The recovery and implication of the petitioner is motivated. Petitioner is no way concerned with the said recovery. Petitioner is in custody since 15.2.2020.
Patna High Court CR. MISC. No.23225 of 2020(2) dt.10-09-2020 2/2
In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate East Muzaffarpur in Mithanpura Police Station Case No. 41 of 2020 on the following conditions:-
(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under the IPC and the Arms Act.
2 provisions across 2 enactments
Amit Kumar @ Tinku Singh
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
