Petitioner lingo in custody for IPC offences and Arms Act violations. Granted bail after charge framing on bond of Rs.20,000 with two sureties on specified conditions. Directed trial court to expedite charge framing.
Released on bail after framing of charges on bond of Rs.20,000 with two sureties. Trial court directed to expedite framing of charges.
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.844 of 2020
Arising Out of PS. Case No.-1185 Year-2019 Thana- AHIYAPUR District- Muzaffarpur
======================================================
AMAN KUMAR Son of Abdhesh Prasad Shrivastav Resident of Village - Balua, P.S.- Minapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 16-01-2020
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 399/402/400/401/414 of the Indian Penal Code and Sections 25(1-b)A/26/35 of the Arms Act.
From the possession of the petitioner a loaded country-made pistol was recovered. The petitioner has stated on oath that he has got no criminal antecedent.
Considering the entire facts aforesaid, in my view, the petitioner should be released only after framing of the charges so that the trial may not hamper. Hence, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with
Patna High Court CR. MISC. No.844 of 2020(2) dt.16-01-2020 2/2
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.1185 of 2019, with following conditions:
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the Court.
The trial Court is directed to expedite framing of the charge.
(Birendra Kumar, J)
Mkr./-
U T
3 issues framed by the court
Whether to grant bail to the petitioner pending framing of charges.
Whether to direct the trial court to expedite framing of charges.
What conditions to impose on the bail order.
2 provisions across 2 enactments
Aman Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
