The Patna High Court granted regular bail to the petitioner in a case of murder and grievous hurt involving a discharged weapon, subject to furnishing bail bonds and sureties with strict conditions regarding personal appearance.
Bail granted on furnishing bonds of Rs. 20,000 and two sureties of similar 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.13095 of 2022
Arising Out of PS. Case No.-881 Year-2021 Thana- NAGAR District- Vaishali
======================================================
Amit Kumar @ Vishal @ Baba S/o Dharmendra Bhagat @ Dharmendra Kumar Bhagat Resident of Muffati Mohalla, Near Town High School, P.S.Hajipur Town, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Sinha, Advocate. For the Opposite Party/s : Mr. Uday Pratap Singh, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 08-07-2022
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 881 of 2021 lodged under Sections 394 and 302 of Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., case has been filed against unknown persons. Learned counsel for the petitioner further submits that the name of petitioner has figured in this case due to confessional statement of the co-accused. It has been further submitted that allegation of gunshot is on the right thigh of the deceased and not on the vital part. It has been also submitted
Patna High Court CR. MISC. No.13095 of 2022(2) dt.08-07-2022 2/3
that petitioner is in custody since 10.11.2021, charge sheet has already been filed in this case. On the point that petitioner has criminal antecedent, learned counsel for the petitioner submits that the petitioner has only one antecedent in which he is on bail.
Learned counsel for the State opposes the prayer for
bail.
In the present facts and circumstances and considering the fact that charge sheet has already been filed in this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Vaishali (Hajipur) in connection with Hajipur Town P.S. Case No. 881 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
The petitioner is directed to appear on each and every date personally before the Trial Court on date fix, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.
Patna High Court CR. MISC. No.13095 of 2022(2) dt.08-07-2022 3/3
With this observation, the bail application stands
disposed of.
(Dr. Anshuman, J.)
ritik/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in a case of murder and grievous hurt involving a discharged weapon.
4 provisions across 3 enactments
Amit Kumar @ Vishal @ Baba
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
