The High Court allowed a bail application. The petitioner was directed to furnish a bond of Rs. 20,000 with two sureties to secure release in a Sessions trial related to offences under the IPC and Arms Act.
Enlargement on bail by furnishing a bond of Rs. 20,000 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.23112 of 2023
Arising Out of PS. Case No.-22 Year-2018 Thana- KHUSRUPUR District- Patna
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Subodh Singh @ Subodh Kumar @ Luliya Pandey Son Of Ishwari Prasad Singh Resident Of Village Chistipur, Ps Chandi ,DISTRICT Nalanda
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Shivanand Singh, Advocate For the Opposite Party/s : Mr.Ram Sumiran Rai, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 24-05-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 681/2018 arising out of Rupaspur P.S Case No. 22/2018 dated 19.01.2018 registered for the offences punishable under Sections 353, 307, 427 and 34 of Indian Penal Code and Sections 25(1-b)a, 26(ii), 27 and 35 of the Arms Act.
As per the prosecution case, on seeing the police, some miscreants started fleeing away but two miscreants were
Patna High Court CR. MISC. No.23112 of 2023(2) dt.24-05-2023 2/3
apprehended by the police and from the possession of the petitioner a revolver with two live cartridges and cash of Rs. 1,34,000/- were recovered.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in 18 other criminal cases out of which he is on bail in the 15 aforesaid cases as stated in para 3 of the bail petition. It is further submitted that 11 cases has been filed against the petitioner while he was in judicial custody. The petitioner is in custody since 20.01.2018.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur Patna in connection with Sessions Trial No. 681/2018 arising out of Rupaspur P.S. Case No. 22/2018, with the condition :-
Patna High Court CR. MISC. No.23112 of 2023(2) dt.24-05-2023 3/3
The application stands allowed.
(Chandra Prakash Singh, J)
Atul/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail having regard to the period of custody and the nature of offences.
2 provisions across 2 enactments
Subodh Singh
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
