The Patna High Court allowed the petitioner's bail application in criminal cases involving sections of IPC and Arms Act. Bail was granted on furnishing bonds to the District and Sessions Judge subject to standard conditions.
Bail granted on bonds of Rs.50,000 with two sureties subject to conditions under Section 437(3) Cr.P.C.
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.20184 of 2022
Arising Out of PS. Case No.-99 Year-2021 Thana- BHAGWANGANJ District- Patna
======================================================
Sunil Kumar @ Munna Son of Nagendra Singh Resident of Village- Bara, P.S.- Bhagwanganj, District- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Jay Prakash Sharma, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 25-07-2022 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks regular bail in connection with Bhagwanganj P.S. Case No. 99 of 2021 lodged under Sections 341, 323,147, 148, 149, 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the petitioner submits that the present case has been filed against 12 known persons in which role of almost all persons have been well-explained from the allegation made in the F.I.R. It is stated that the allegation made in the F.I.R. is general omnibus against the petitioner and some other accused persons whereas specific allegation upon one Gunjan Kumar to kill his brother by putting gun shot on the head. The petitioner is in custody since 21.10.2021 and charge
Patna High Court CR. MISC. No.20184 of 2022(2) dt.25-07-2022 2/2
sheet has already been filed in this case.
Learned counsel for the State opposes the prayer for
bail.
Considering the facts and circumstances and the submissions made above of this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/(Rupees Fifty Thousand) with two sureties, one shall be the close relative of the like amount each to the satisfaction of learned Additional District and Sessions Judge Masaurhi in connection with Bhagwanganj P.S. Case No. 99 of 2021, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.
The petitioner is directed to appear on each and every date before the Trial Court, 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.
Accordingly, the bail application stands allowed.
(Dr. Anshuman, J.)
guddu/-
U T
2 issues framed by the court
Whether the petitioner is entitled to grant of regular bail.
Whether the conditions imposed for granting bail are sufficient.
1 provisions across 1 enactments
Sunil Kumar @ Munna
The State of Bihar
DR. ANSHUMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
