The High Court granted regular bail to the petitioner in a crimes case involving recovery of mobile, live cartridges, and a pistol under the IPC and Arms Act, directed removal of defects within four weeks.
Released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like 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.3574 of 2022
Arising Out of PS. Case No.-280 Year-2021 Thana- GAYA KOTWALI District- Gaya
======================================================
ASHISH KUMAR @ AASHU S/o Late Binod Prasad R/o village- Bhalua, P.S.- Bodh Gaya, District- Gaya, at present R/o Bairganj, P.S.- Kotwali, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ======================================================
2 01-04-2022
A.P.P. for the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period
of four weeks after complete start of the physical Court.
The petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code read with Sections 25(1-B)a, 26 and 35 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 16.06.2021, is a person with clean antecedent and charge-sheet has been submitted.
Allegation is of recovery of mobile and two live cartridges from the petitioner.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and
Patna High Court CR. MISC. No.3574 of 2022(2) dt.01-04-2022 2/2
cartridge without gun is useless.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody 16.06.2021, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kotwali P.S. Case No. 280 of 2021.
(Satyavrat Verma, J)
Kundan/-
U T
1 issue framed by the court
WHETHER THE PETITIONER SHOULD BE GRANTED REGULAR BAIL IN THE CHARGED OFFENCES
5 provisions across 2 enactments
Ashish Kumar @ Aashu
State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
