The Patna High Court allowed the petitioner's bail application in a case under IPC 399/402 and Arms Act. The court granted bail subject to furnishing a bond of Rs. 10,000 and standard conditions of cooperation and non-tampering with evidence.
Petitioner released on bail on 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.39406 of 2022
Arising Out of PS. Case No.-625 Year-2021 Thana- PATLIPUTRA District- Patna
======================================================
RAVI KUMAR S/O RAM EKBAL SAHANI Resident of Village- Sadaquat Ashram, Rajendra Ghat in front of Bihar Bidyapith Patna-10, P.S.- Patliputra, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
... ... Opposite Party/s
2 15-09-2022 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 in virtual court proceeding.
The petitioner seeks bail in connection with Patliputra P.S. Case No. 625 of 2021 registered for the offences punishable under Section 399, 402 of the I.P.C. and Sections 25(1-b)(a), 26 and 35 of the Arms Act.
As per prosecution case, there is alleged recovery of one hundred rupees as well as one mobile from the possession of the petitioner. It is further alleged that one loaded country made pistol alongwith four live cartridges has been recovered from the possession of co-accused Sujit Kumar. The
Patna High Court CR. MISC. No.39406 of 2022(2) dt.15-09-2022 2/3
petitioner is apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is in custody 28.11.2021 and bears one criminal antecedent which is not similar to the present case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. Co-accused Dilip Kumar has already been granted bail vide Cr. Misc. No. 33172 of 2022 by this Hon'ble Court and the case of petitioner stands on similar footing. Nothing incriminating has been recovered from the conscious possession of the petitioner.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XXV-Patna
Patna High Court CR. MISC. No.39406 of 2022(2) dt.15-09-2022 3/3
in connection with Patliputra P.S. Case No. 625 of 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.
(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/ vasudha
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a case involving alleged theft and possession of firearms.
Whether the petitioner's criminal antecedent and the nature of recovery justify the grant of bail.
3 provisions across 2 enactments
RAVI 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
