The Patna High Court granted regular bail to the petitioner in a case involving offences under IPC Sections 147, 148, 149 and the C.L.A. Act. The court imposed a bail bond of Rs. 20,000 with two sureties and required the petitioner to appear regularly.
Petitioner enlarged on bail bond of Rs. 20,000 with two sureties of 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.70958 of 2022
Arising Out of PS. Case No.-26 Year-2012 Thana- NAUHATTA District- Rohtas
======================================================
RAJESH SHARMA @ TUFANI, Son of Late Shiv Sharma, R/o Village - Rajpur, P.S.- Rajpur, District - Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Deovind Kumar Singh, Advocate For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 05-04-2023
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 Nauhatta P.S. Case No. 26 of 2012 dated 04.06.2012 registered for the offences punishable u/s 147, 148, 149 and 120B of the Indian Penal Code and Sections 25(1-B)A, 26, 35 of the Arms Act and Section 3/4 of the Explosive Substance Act and Section 17 of the C.L.A. Act.
As per the prosecution case, about 10 to 12 miscreants armed with various weapons were present in Bajarmarwa Forest
Patna High Court CR. MISC. No.70958 of 2022(2) dt.05-04-2023 2/3
and they were preparing to commit some crime. It is further alleged that the informant along with police personnel went to the forest and saw some miscreants fleeing away, out of them, four miscreants were identified as Rambali Kharwar, Jai Prakash Uroan, Gabbar Chauhan and the petitioner by the police and the rest were not identified. The huge quantity of ammunitions, 25 pieces of electric detonator wire, one country made sixer and some other incriminating articles were seized from the said place and accordingly a seizure list was prepared.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The petitioner is accused in 10 other criminal cases and he is on bail in 9 aforesaid cases as stated in para 3 of the bail petition. The charge-sheet has already been submitted against the petitioner. The petitioner is in custody since 29.06.2021.
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-
Patna High Court CR. MISC. No.70958 of 2022(2) dt.05-04-2023 3/3
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, Dehri-on-Sone, Rohtas in connection with Nauhatta P.S. Case No. 26 of 2012 with the following conditions :-
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in connection with PS Case No. 26/2012?
Whether the conditions of bail can be framed to prevent further involvement in offences?
5 provisions across 2 enactments
Rajesh Sharma @ Tufani
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
