Single judge bench of Patna High Court granted regular bail to the petitioner charged with dacoity under IPC 1860 and Arms Act offences, citing lack of antecedents, custody duration, and bail to co-accused.
Released on regular bail requiring bonds of Rs. 20,000 with 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.32229 of 2021
Arising Out of PS. Case No.-231 Year-2018 Thana- BHAGWANPUR District- Vaishali
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NAWAL @ NAWAL SAHNI S/o Lalbabu Sahni R/o Village- Ram Math, P.S.Belsar (O.P.), District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
5 10-03-2022
Heard Mr. Niranjan Parihar, learned counsel for the
petitioner and Mr. Raj Kishore Singh, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 231 of 2018 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code 1860, Sections 25(1-b)a, 26 and 27 of the Arms Act.
The Police got secret information that 10-12 unknown miscreants assembled near the Government school and were planning to commit dacoity, proceeded towards the place of occurrence and upon seeing the Police Party, the accused persons started fleeing away. However, seven accused persons were arrested by the Police and others including the petitioner succeeded in fleeing away. The name of the petitioner has been
Patna High Court CR. MISC. No.32229 of 2021(5) dt.10-03-2022 2/3
disclosed by the arrested co-accused persons.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused persons. He further submits that the petitioner is in custody since 22.8.2020 and other co-accused persons namely, Rakesh Kumar and Suraj Sahni, from whose possession the firearm were recovered, have been granted bail by co-ordinate Benches of this Court in Cr. Misc. 27684 of 2019 and 28002 of 2019 respectively. He next submits that charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 22.8.2020, other co-accused persons have been granted bail by co-ordinate Benches of this Court and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/(Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Vaishali at Hajipur, in
Patna High Court CR. MISC. No.32229 of 2021(5) dt.10-03-2022 3/3
connection with Bhagwanpur P.S. Case No. 231/2018.
(Anil Kumar Sinha, J)
S.Ali/-
U T
2 issues framed by the court
Whether to grant regular bail to the petitioner in connection with charges of dacoity and illegal possession of arms.
Whether the petitioner's lack of criminal antecedents and the grant of bail to co-accused justify release on bail.
2 provisions across 2 enactments
Nawal @ Nawal Sahni
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
