The High Court at Patna granted regular bail to the petitioner in PS Case No. 245 of 2021 involving possession of arms and criminal conspiracy, directing him to remove filing defects and adhere to specific bail conditions.
Petitioner released on bail with Rs. 10,000 bond and two sureties, subject to conditions of cooperation, affidavit, and defect removal.
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.4518 of 2022
Arising Out of PS. Case No.-245 Year-2021 Thana- BEUR District- Patna
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SHAHEB KUMAR Son of Ram Sagar Yadav, Resident of Village- Dani Bigha, P.S.- Shekhpura, District- Sheikhpura. ... ... Petitioner/s Versus
The State of Bihar. ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shovendra Kumar For the Opposite Party/s : Mr.Aditya Narayan Singh 1 I ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 24-05-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
The petitioner is seeking regular bail in connection with Beur P.S. Case No. 245 of 2021 registered for offence punishable under sections 401, 120(B) of the Indian Penal Code and section 25 (1-b)a/26/35 of the Arms Act.
The petitioner was apprehended and a country-made pistol and five live cartridges were recovered from his possession.
The learned counsel for the petitioner has submitted that the petitioner is under custody since 05.06.2021.
Considering the above-mentioned facts and circumstances, specially the period of his incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to
Patna High Court CR. MISC. No.4518 of 2022(2) dt.24-05-2022 2/2
the satisfaction of learned Additional Chief Judicial Magistrate-III, Patna in connection with Beur P.S. Case No. 245 of 2021, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the
petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
Mahesh/-
U T
2 issues framed by the court
Whether to release the petitioner on bail in PS Case No. 245 of 2021 regarding offences under section 401, 120(B) IPC and Arms Act.
Whether to impose conditions regarding cooperation in trial, affidavit against future offences, and removal of filing defects.
2 provisions across 2 enactments
Shaheb Kumar
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
