Single judge order granting regular bail to the petitioner charged under IPC and Arms Act. Court directed release on a bond with two sureties.
Petitioner directed to be released on bail by furnishing a bond of Rs.10,000/- 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.16030 of 2023
Arising Out of PS. Case No.-146 Year-2022 Thana- KHAGARIA RAIL P.S. District-
Khagaria
======================================================
Saurav Kumar @ Chhotu Son Of Tanuk Lal Mahto @ Tanuk Lal Singh R/O Daan Nagar, Ward No.02, P.S.- Khagaria, District- Khagadiya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shivnandan Bharti For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 10-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 401/414 of the IPC and Sections 25(1-B)a/26/35 of Arms Act.
As per FIR, allegation against the petitioner along with co-accused persons that while they were assembled and preparing for committing offence, the police party reached the place of occurrence and arrested them. On search, three live cartridges along with a knife have been recovered from the possession of the this petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.16030 of 2023(2) dt.10-05-2023 2/2
falsely been implicated in this case. The petitioner has no concern with the alleged arms which was seized by the police or with co-accused person. It is further submitted that the prosecution did not follow the mandatory provision of Cr.P.C. in preparing the seizure list. Moreover, the petitioner is languishing in judicial custody since 28.9.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rail Khagaria P.S. Case No. 146 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Khagaria.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a case involving offences under IPC Section 401/414 and Arms Act Sections 25(1-B)(a)/26/35.
Whether the irregularity in the seizure list warrants refusal of bail.
Saurav Kumar @ Chhotu Son Of Tanuk Lal Mahto @ Tanuk Lal Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
