The Patna High Court granted regular bail to the petitioner in a case involving offences under the IPC and Arms Act, noting his absence from the FIR and initial custody duration.
Directing the petitioner to be enlarged on bail by furnishing a bond of Rs. 20,000 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.36471 of 2023
Arising Out of PS. Case No.-1173 Year-2022 Thana- KHAJANCHI HAT District- Purnia
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PAPPU MALLIK Son of Putul Mallik Resident of village - Kehuniya Ward No.- 15, P.S.- Pranpur, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 07-07-2023
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 K.Hat (Maranga) P.S. Case No. 1173 of 2022 dated 05.11.2022 registered for the offences punishable u/ss 401, 413, 414, 379 and 411 of the Indian Penal Code and sections 25 (1-B) A, 26 and 35 of the Arms Act.
As per the prosecution case, three stolen motorcycles were recovered from the house of the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.
Patna High Court CR. MISC. No.36471 of 2023(2) dt.07-07-2023 2/2
The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Rahul Kamti who has already been granted bail by this court vide order dated 24.05.2023 passed in Cr. Misc. No. 26101 of 2023. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got six criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 05.11.2022.
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 above-named, 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, Purnea in connection with K.Hat (Maranga) P.S. Case No. 1173 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the petitioner, who was not named in the FIR but appeared in a co-accused's confessional statement, is entitled to regular bail.
6 provisions across 2 enactments
Pappu Mallik
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
