The High Court of Judicature at Patna rejected the petitioner's application for regular bail in a criminal case involving robbery and armed offenses, refusing to grant bail at the stage.
Prayer for regular bail rejected; petitioner allowed to renew prayer after nine months if trial shows no progress.
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.26460 of 2020
Arising Out of PS. Case No.-511 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga
======================================================
RITAN KUMAR SINGH Son of Basant Kumar Singh Resident of VillageHarnichak Anishabad, P,.S.- Beur, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Ravish, Advocate For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 13-10-2020
Heard Mr. Kumar Ravish, learned counsel for the petitioner and Smt. Sharda Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Darbhanga Sadar P.S. Case No. 511 of 2019 registered for the offences punishable under Sections 394, 411, 307, 326/34 of the Indian Penal Code 1860, Sections 25(1-b), A, 26, 27 and 35 of the Arms Act.
The allegation against the petitioner as per the First Information Report is that when the informant was going to his shop, his Motorcycle was intercepted by four persons riding on two Motorcycles and one of the accused persons snatched the bag of the informant and fired upon him, due to which, he got
Patna High Court CR. MISC. No.26460 of 2020(2) dt.13-10-2020 2/2
firearm injury below his right waist. The petitioner along with one co-accused person was arrested by the Police on the spot and loaded pistol has been recovered from possession of the petitioner.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged. However, from perusal of the First Information Report it would be evident that the money, which was allegedly snatched, was not recovered from possession of the petitioner and only one loaded pistol has allegedly been recovered from him. Learned counsel further submits that the petitioner has got no criminal antecedent and he is in custody since 03.12.2019.
Having heard learned counsel for the parties and taking into consideration the materials on record, I am not inclined to grant regular bail to the petitioner at this stage.
Accordingly, the prayer for regular bail of the petitioner stands rejected.
However, the petitioner may renew his prayer for bail after nine months if the trial does not show any progress.
(Anil Kumar Sinha, J)
S.Ali/- U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner accused of offences under various provisions of the IPC and Arms Act.
2 provisions across 2 enactments
Ritan Kumar Singh
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
