This order grants bail to the petitioner in an FIR involving offences under the Indian Penal Code and the Arms Act. The court imposed a fine of Rs. 10,000 and conditions regarding presence in court and non-tampering with evidence.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount subject to 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.3111 of 2022
Arising Out of PS. Case No.-162 Year-2021 Thana- NAGAR District- Vaishali
======================================================
Rahul Kumar Son of Ganga Sahni @ Doman Sahni R/O Village/MohallaNakhas Chowk, Mitha Kua, P.S.- Town Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Jain For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 18-07-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 162/2021 registered for the offences punishable under Sections 399, 402, 353, 307, 413, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
As per prosecution case, there is alleged recovery of one Desi Katta alongwith one live cartridge from the possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.3111 of 2022(3) dt.18-07-2022 2/3
case. The petitioner has been wrongly implicated in this case by the police only due to his earlier implication in Hajipur Town P.S. Case No. 312/2020 of the same police station. The petitioner is languishing in custody since 21.02.2021 and bears criminal antecedent of one case in which he is on bail. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 162/2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
Patna High Court CR. MISC. No.3111 of 2022(3) dt.18-07-2022 3/3
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
amitkumar/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a non-bailable offence involving possession of restricted arms and weapons.
2 provisions across 2 enactments
Rahul Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
