The single judge allowed the petitioner's bail application in a case involving possession of a country-made pistol and other IPC offences, directing his release on bail bond with sureties after considering the lack of antecedents and custody period.
Petitioner enlarged on bail of Rs. 10,000 with two sureties of 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.18088 of 2023
Arising Out of PS. Case No.-240 Year-2022 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
AMRESH KUMAR S/o Shatrudhan Sah R/o Village- Mustafapur, P.S.Ahiyapur, Distt- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Ms. Asha Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-05-2023 1. Heard learned counsel for the parties.
grant of regular bail in connection with Siwaipatti P.S. Case no. 240 of 2022 registered under sections 398, 401, 411 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
Patna High Court CR. MISC. No.18088 of 2023(2) dt.16-05-2023 2/2
incriminating article has been recovered from his possession. He is in custody since 13.12.2022, has no criminal antecedent
and chargesheet has been submitted in the case.
(Partha Sarthy, J)
Bibhash
U T
2 issues framed by the court
Whether the petitioner should be enlarged on regular bail in a case involving possession of an arms and other charges.
Whether the long period of custody without trial warrants enlargement on bail.
2 provisions across 2 enactments
Amresh Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
