The High Court granted bail to the petitioner in a case involving possession of a countrymade pistol and related offences, directing his release upon furnishing a bond with two sureties.
Release 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.44492 of 2022
Arising Out of PS. Case No.-136 Year-2022 Thana- JAKKANPUR District- Patna
======================================================
Ravi Kumar @ Ravi Ranjan @ Karu Son of Pramod Rai Resident of Village - Vigrahpur , In Front of Devisthan, P.s.- Jakanpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the State : Mr. Anil Kumar, APP ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 08-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Jakkanpur P.S. Case No. 136 of 2022 registered for the offence under Section 401 of the Indian Penal Code and Sections 25(1b)a, 26 and 35 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 16.03.2022.
The allegation against the petitioner is to have in possession of one countrymade pistol.
Learned counsel appearing on behalf of the petitioner submitted that as petitioner is involved in seven more criminal
Patna High Court CR. MISC. No.44492 of 2022(2) dt.08-12-2022 2/3
cases, a suspicion was raised due to his criminal antecedents and without having any connecting evidence, the petitioner was named in the present case also. It is further pointed out that recovery of alleged fire arm was not made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as petitioner is in custody since 16.03.2022 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Jakkanpur P.S. Case No. 136 of 2022 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 Chief Judicial Magistrate-I, Patna/concerned Court, subject to the following conditions:
“(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the
Patna High Court CR. MISC. No.44492 of 2022(2) dt.08-12-2022 3/3
State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(iii) That one of the bailors shall be
the deponent of the present bail petition.”
(Chandra Shekhar Jha, J)
Ankit/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail given his custodial history and the completion of investigation in a case involving possession of a countrymade pistol.
2 provisions across 2 enactments
Ravi Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
