The Patna High Court granted bail to the petitioner in a criminal case involving hurt and arms possession. The court released him on a bond of Rs. 10,000 with two sureties, subject to conditions regarding cooperation in trial and absence from court.
Petitioner released on bail on 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.9655 of 2022
Arising Out of PS. Case No.-145 Year-2021 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
MD AKBAR SON OF LATE MD. ASGAR @ ASGAR @ MD. ASGAR RESIDENT OF VILLAGE- CHHOTI BALLIA, SHATTI CHAUR, WARD NO. 15, P.S. BALLIA, DISTRICT- BEGUSARAI
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 21-07-2022
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.
The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 145 of 2021 registered for the offences punishable under Sections 398, 401 of the Indian Penal Code read with Section 25(1-b)a, 26, 35 of the Arms Act.
As per prosecution case, there is alleged recovery of one loaded country made pistol from the possession of petitioner namely Md. Akbar.
Learned counsel for the petitioner submits that petitioner is in custody since 01.07.2021. Petitioner bears
Patna High Court CR. MISC. No.9655 of 2022(3) dt.21-07-2022 2/3
criminal antecedent of one case. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that on the relevant time the petitioner was passinging through the place of raid and merely on suspicion petitioner is made an accused in this case.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted 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 Sri Avinash Kumar learned Judicial Magistrate, 1st Class, Begusarai in connection with Sahebpur Kamal P.S. Case No. 145 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
Patna High Court CR. MISC. No.9655 of 2022(3) dt.21-07-2022 3/3
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)
amitkr/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in connection with offences of voluntarily causing hurt and possession of arms.
2 provisions across 2 enactments
Md Akbar Son of Late Md. Asgar @ Asgar @ Md. Asgar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
