The High Court of Patna granted regular bail to the petitioner in a case involving offences under the Arms Act, Bihar Prohibition and Excise Act, and IPC, directing furnishing of a bail bond with two sureties.
The petitioner was ordered to be enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount 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.16489 of 2022
Arising Out of PS. Case No.-12 Year-2019 Thana- HAJIPUR SADAR District- Vaishali
======================================================
NARESH SHARMA @ NARESH THAKUR S/o Sitaram Sharma @ Sita Ram Thakur Resident of Village- Panpur Langa, P.S.- Hajipur Sadar, DistrictVaishali.
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar, Adv. For the Opposite Party/s : Ms. Veena Rani Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 06-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 414 and 34 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is submitted by learned counsel appearing for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 22.9.2021 passed in Cr. Misc. no.25014 of 2021 giving liberty to the petitioner to renew his prayer for bail after six months. The petitioner has remained in custody since 13.11.2020. He undertakes to cooperate in the trial.
Patna High Court CR. MISC. No.16489 of 2022(2) dt.06-04-2022 2/2
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the liberty granted by the aforesaid order of rejection dated 22.9.2021, the Court directs the petitioner to be enlarged on bail in connection with Hajipur Sadar P.S. Case no.12 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur.
(Partha Sarthy, J)
Saurabh/-
1 issue framed by the court
Whether the petitioner is entitled to regular bail in proceedings for offences under the Arms and Prohibition and Excise Acts.
3 provisions across 3 enactments
NARESH SHARMA @ NARESH THAKUR
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
