The Patna High Court granted bail to the petitioner, apprehending arrest in a case registered under IPC and Arms Act provisions, citing that similarly situated co-accused had already been released on bail.
Petitioner released on bail upon furnishing a bond of Rs. 5,000 with two sureties to the Judicial Magistrate-I, Siwan.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61902 of 2022
Arising Out of PS. Case No.-68 Year-2020 Thana- NAUTAN District- Siwan
======================================================
SURESH PRASAD @ SURESH SAH Son of Late Ramchandra Prasad Resident of Village- Nautan, P.S.- Nautan, District- Siwan, Bihar
... ... Petitioner/s Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prashant Kumar, Adv. For the Opposite Party/s : Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 04-01-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 68 of 2020 registered under Sections 147, 148, 149, 385, 307, 504, 324 and 323 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel appearing on behalf of the petitioner submits that similarly situated co-accused persons have already granted bail by this Court vide orders dated 26.10.2021, 14.12.2021 and 16.08.2022 passed in Cr. Misc. Nos. 623 of 2021, 1212 of 2021 and 71795 of 2021 respectively, as contained in Annexure Nos. 3 and 6 (Series) to the bail petition. Further submission is that petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.61902 of 2022(2) dt.04-01-2023 2/2
Having considered the fact that similarly situated coaccused persons have already granted bail by this Court as contained in Annexure Nos. 3 and 6(Series), let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.5,000/(Rupees Five Thousand) with two sureties of like amount each to the satisfaction of the Judicial Magistrate-I, Siwan in connection with Nautan P.S. Case No. 68 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J)
utkarsh/-
U T
1 issue framed by the court
Whether the petitioner, facing arrest in a case pending before the trial court, be granted bail under Section 438 Cr.P.C.
1 provisions across 1 enactments
Suresh Prasad @ Suresh Sah
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
