The Patna High Court granted bail to the petitioner in a case involving offences under the Excise Act and Arms Act, directing release on furnishing bail bonds with two sureties under section 438(2) of the CrPC.
Petitioner directed to be released on bail by furnishing bonds of Rs. 10,000 with two sureties.
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.71450 of 2022
Arising Out of PS. Case No.-437 Year-2022 Thana- MALSALAMI District- Patna
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JITENDRA KUMAR @ JINNA KUMAR @ JITENDRA S/O LALAN YADAV @ LALAN KUMAR @ LALLAN ROY @ LAL Resident of villageBundel Toli, Pani Tanki, P.S.- Malsalami, District- Patna.
| THE STATE OF BIHAR ==================== |
... ... Petitioner/s Versus ... ... Opposite Party/s ================================== |
|---|---|
| Appearance : For the Petitioner/s : For the Opposite Party/s : ==================== |
Mr.Jharkhandi Upadhyay Mr.Anil Kumar ================================== |
| CORAM: HONOURABL | E 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.71450 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 granted bail in a case involving offences under sections 30(a) of the Excise Act and sections 25(1-B), (a), 26/35 of the Arms Act.
1 provisions across 1 enactments
Jitendra Kumar @ Jinna Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
