In this oral order, the Patna High Court granted anticipatory bail to the petitioner under Section 438 CrPC, directing him to surrender within twelve weeks and furnish a bond of Rs. 10,000 along with two sureties.
Anticipatory bail directed on surrender within 12 weeks, furnish bail bond of Rs. 10,000 with two sureties each.
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.56622 of 2021
Arising Out of PS. Case No.-128 Year-2021 Thana- RAJAPAKAR District- Vaishali
======================================================
SHIVAM KUMAR Son of Samarjeet Ray @ Samarjeet Singh Resident of Village - Khilwat, P.S. - Bidupur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Singh For the Opposite Party/s : Mr.Shailendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 24-12-2021
Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.
The petitioner is apprehending his arrest in a case registered under Sections 393, 413, 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.
The prosecution allegation, in short, is that country made arms and cartridges are recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.56622 of 2021(2) dt.24-12-2021 2/2
present case. Arms are said to have been recovered from the possession of the co-accused. There is no recovery of arms from the possession of the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the coaccused. Except for this, there is no other substantive evidence to suggest his implication in the present case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 128/2021, G.R. No. 2515/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving possession of arms under Sections 393, 413, 414 IPC and Arms Act?
1 provisions across 1 enactments
Shivam Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
