Oral order granting regular bail to multiple petitioners charged with robbery and arms offences, directed to furnish a bond of Rs. 10,000 each with sureties to the S.D.J.M., Darbhanga.
Petitioners directed to be enlarged on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of the like 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.12210 of 2023
Arising Out of PS. Case No.-563 Year-2022 Thana- BAHADURPUR District- Darbhanga
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 14085 of 2023
Arising Out of PS. Case No.-563 Year-2022 Thana- BAHADURPUR District- Darbhanga
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Md. Kadir sah s/o late md. Sabir sah r/v- maina rahika, p.s.- Manigachhi, district- darbhanga
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 12210 of 2023) For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Amit Kumar Rakesh (In CRIMINAL MISCELLANEOUS No. 14085 of 2023) For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Jharkhandi Upadhyay ======================================================
Patna High Court CR. MISC. No.12210 of 2023(2) dt.26-04-2023 2/3
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 26-04-2023 Heard learned counsel for the petitioners and learned
APP for the State.
The petitioners have prayed for regular bail in a case instituted for the offence under Section 399, 402, 412 of the Indian Panel Code and 25(1-B)A, 26, 35 of Arms Act.
Allegation against the petitioners along with coaccused persons that while they were assembled and preparing for committing offence of robbery, the police party raided at the place of occurrence and arrested them. On search, a loaded pistol along with live cartridge was recovered from possession of Md. Kadir Sah and other articles were recovered from other co-accused. At the instance of other co-accused Md. Kalimuiddin Sah, police recovered cash of Rs. 1,00,000/- from the camp village of accused persons.
It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to ulterior motive. They have committed no offence. Petitioners were apprehended on spot and from their possession gulel, piles, salairinch, iron subble were recovered, which do not come under the Arms Act. Allegedly, arms were recovered only from possession Md. Kadir Sah but there is violation of section 100
Patna High Court CR. MISC. No.12210 of 2023(2) dt.26-04-2023 3/3
Cr.P.C. All the petitioners are languishing in judicial custody since 07.11.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Darbhanga, in connection with Bahadurpur P.S. Case No. 563 of 2022.
(Sunil Kumar Panwar, J)
sushma/-
U T
3 issues framed by the court
Whether petitioners accused of robbery and arms-related offences should be granted bail pending trial.
Whether the recovery of firearms solely from one accused affects bail grant to others charged with assembly for robbery.
Whether judicial custody since November 2022 warrants enlargement of accused on bail.
Md. Zunaid Sah @ Md. Junaid Shah and others
Md. Kadir sah
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
