Court granted regular bail to petitioner in a dacoity case involving IPC and Arms Act offences after finding initial likelihood of prejudice due to false implication, directing a bail bond with sureties.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to the due authority.
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.6813 of 2023
Arising Out of PS. Case No.-297 Year-2022 Thana- SIDHWALIYA District- Gopalganj
======================================================
IMAMUL ALAM @ IZMAMUL ALAM S/O ANWAR ANSARI Resident of village- Sadauwa, P.S.- Sidhwalia, District- Gopalganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sumit Shekhar Pandey For the Opposite Party/s : Mr.Prem Kumar Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 15-05-2023 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 398, 401, 414 and 34 IPC and Sections 25(1-B)a, 26 and 35 of the Arms Act.
As per prosecution case, the accused persons have assembled and they are planning for committing dacoity . On raid, there has been recovery of one knife, one mobile and a wire cutting weapon from the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged weapons, which was seized by the police. Nothing incriminating article has recovered from the conscious
Patna High Court CR. MISC. No.6813 of 2023(3) dt.15-05-2023 2/2
possession of the petitioner. He is languishing in judicial custody since 22.08.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Gopalganj, Bihar in connection with Sidhwaliya P.S. Case No. 297 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail in a dacoity case involving offences under Sections 398 and 401 IPC along with Arms Act offences.
Whether the petitioner has established a prima facie case to claim that he was falsely implicated and is prejudiced by custodial detention.
2 provisions across 2 enactments
Imamul Alam @ Izmamul Alam
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
