Hon'ble High Court of Patna released the petitioner on bail in connection with offences under the Excise Act and Arms Act, directing him to furnish bond with sureties and comply with statutory conditions.
Petitioner released on bail with bond of Rs. 10,000 and two sureties of similar amount on conditions under Section 438(2) CrPC.
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.70376 of 2022
Arising Out of PS. Case No.-437 Year-2022 Thana- MALSALAMI District- Patna
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NRIPENDRA KUMAR @ BAUCHA Son of Lalan Kumar @ Lalan Yadav @ Lallan Roy @ Lal R/V/ Mohalla- Bundel Toli, Pani Tanki, P.S- Malsalami, Dist- Patna
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jharkhandi Upadhyay For the Opposite Party/s : Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 04-01-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner apprehends arrest in connection with Mal Salami P.S. Case No. 437 of 2022 registered for the offence under sections 30(a) of the Excise Act and sections 25(1-B) (a)26/35 of the Arms Act.
Learned counsel for the petitioner submits that similarly situated co-accused namely Rajan Kumar @ Raj Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 09.12.2022 passed in Cr. Misc. No. 65589 of 2022. Petitioner has no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the
Patna High Court CR. MISC. No.70376 of 2022(3) dt.04-01-2023 2/2
petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna City in connection with Malasalami P.S. Case No. 437 of 2022 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
mcv/U T
1 issue framed by the court
Whether the petitioner should be released on bail in view of apprehension of arrest and lack of criminal antecedents.
4 provisions across 4 enactments
Nripendra Kumar @ Baucha
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
