In a bail petition under Sections 341, 323, 307/34 IPC and Section 27 Arms Act, the Patna High Court granted bail to the petitioner upon furnishing a bond of Rs. 25,000 with two sureties.
Directed to be enlarged on bail by furnishing a bond of Rs. 25,000 with two sureties of the like 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.25891 of 2021
Arising Out of PS. Case No.-167 Year-2018 Thana- SONBERSA District- Sitamarhi
======================================================
SUJIT BHANDARI S/O VIJAY BHANDARI R/O VILLAGEPUNARWARA RAJBARA, P.S.-SONBARSA, DISTRICT-SITAMARHI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Md. Aslam Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 23-07-2021
Heard learned counsel for the petitioner and learned
APP for the State through virtual Court proceedings.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323 & 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The five unknown miscreants are said to have resorted firing upon the father of the informant while he was on morning walk.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.25891 of 2021(2) dt.23-07-2021 2/2
that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement which has no evidentiary value in the eye of law. Some coaccused have been granted bail by the learned lower Court. The petitioner has one criminal antecedent and has been languishing in custody since 30.05.2019.
Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sonbarsa P.S. Case No.167 of 2018.
(Anjani Kumar Sharan, J)
Trivedi/- U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving offences under Sections 341, 323, 307/34 IPC and Section 27 of the Arms Act.
2 provisions across 2 enactments
Sujit Bhandari
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
