In bail application regarding possession of a pistol, the High Court ordered the petitioner's release on regular bail after over six months of custody despite allegations under IPC and Arms Act.
Petitioner released on regular bail with a bond of Rs. 20,000 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.26427 of 2020
Arising Out of PS. Case No.-50 Year-2020 Thana- NAANPUR District- Sitamarhi
======================================================
MANISH KUMAR S/o Bharat Singh Resident of Village-Majhaur, P.S.Nanpur, District-Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mrs. Nirmala Kumari, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 12-10-2020 Heard Mr. Pushpendra Kumar Singh, learned counsel
for the petitioner and Mrs. Nirmala Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Nanpur P.S. Case No. 50 of 2020 registered for the offence punishable under Section 399 / 402 of the Indian Penal Code, 1860 and Section 25 (1-b) A / 26 / 35 of the Arms Act.
The allegation against the petitioner as per the First Information Report is that the Police received a secret information that some miscreants have assembled near the Ply Machine in the village- Bahera Jahidpur Balua Tola and were planning to commit crime, proceeded towards the place of occurrence and recovered one country made loaded pistol with one live cartridge from the possession of the petitioner.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged
Patna High Court CR. MISC. No.26427 of 2020(2) dt.12-10-2020 2/2
and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 19.02.2020.
Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioner has remained in custody for more than six months i.e. since 19.02.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri, Sitamarhi /court concerned in connection with Nanpur P.S. Case No. 50 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail given his custody duration and conditions.
Whether the petitioner should be released on bail furnishing a bond and sureties in the said case.
Manish Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
