The Patna High Court granted bail to the petitioner in a criminal case involving offences under IPC and the Arms Act, imposing conditions including fortnightly police reporting and appearance before the trial court.
Petitioner released on bail with bond of Rs. 10,000 and two sureties of like amount subject to specified conditions.
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.15580 of 2022
Arising Out of PS. Case No.-93 Year-2021 Thana- BAKHTIYARPUR District- Patna
======================================================
BAMBAM KUMAR @ BAMBAM @ BAMMA S/o Sukhu @ Sukhu Roy R/o village- Ghoshwari, P.S.- Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-07-2022 Heard learned counsel for the parties.
Let the defect(s), if any, as pointed out by the office
be removed within four weeks.
The petitioner is in judicial custody in connection with Bakhtiyarpur P.S. Case No. 93 of 2021 for the offences under Sections 147, 148, 149, 504 and 307 of the Indian Penal Code and Section 25(1-b)a and 27 of the Arms Act.
As per the prosecution story, the allegation against the petitioner is that he started abusing and resorted to firing. The matter was immediately informed to the Bakhtiyarpur police station and it is alleged that upon arrival of the police party, the accused persons tried to flee away but were chased and in the process while one of the accused was arrested and others managed to flee away.
Patna High Court CR. MISC. No.15580 of 2022(2) dt.11-07-2022 2/3
Learned counsel for the petitioner submits that even taking the entire allegation into account no case under Section 307 of the Indian Penal Code is made out. He further submits that he is in jail since 10.10.2021 (as stated in paragraph-9 of the bail application).
Taking into account the aforesaid facts, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 93 of 2021, subject to the following conditions.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide ;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) he shall in no way try to induce or promise or
Patna High Court CR. MISC. No.15580 of 2022(2) dt.11-07-2022 3/3
threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is
allowed.
(Rajiv Roy, J)
Jagdish/-
U T
1 issue framed by the court
Whether the petitioner be released on bail pending trial in connection with offences under Sections 147, 148, 149, 504, 307 IPC and Arms Act.
7 provisions across 2 enactments
Bambam Kumar @ Bambam @ Bamma
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
