The High Court of Patna allowed regular bail to the petitioner in a case involving offences under Section 392 IPC and Section 27 of the Arms Act, directing him to furnish a bail bond with sureties.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the same 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.45885 of 2021
Arising Out of PS. Case No.-31 Year-2021 Thana- DANAPUR RAIL P.S. District- Patna
======================================================
JITAN GULGULIA S/o KAMLESH @ KAMLESH GULGULIA R/o GULGULIA TOLA SABARI NAHARPAR, P.S-RUPASPUR, DISTRICTPATNA (BIHAR).
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kr Singh No.1, Advocate For the Opposite Party/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 11-03-2022
Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, ¾ unknown miscreants snatched mobile phone and some cash from the informant while he was returning with his friends. Accused persons also made firing on them.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner’s name has figured during course of investigation. No incriminating material has been recovered from the conscious possession of the petitioner. Test
Patna High Court CR. MISC. No.45885 of 2021(3) dt.11-03-2022 2/2
Identification Parade has not been carried out till date. Petitioner claims clean antecedent and he is in custody since 19.3.2021.
Learned counsel appearing for the State opposes the prayer for bail. He submits that on the disclosure made by this petitioner, stolen mobile phone was recovered from the house of co-accused Sonu.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in GRP Danapur Police Station Case No. 31 of 2021.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on regular bail in the instant case.
2 provisions across 2 enactments
Jitan Gulgulia
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
