The petitioner sought regular bail in a case registered under Section 394 IPC and Section 27 Arms Act, alleging false implication. The Court, considering the period of custody and facts, granted bail subject to conditions.
Regular bail granted on furnishing bail bond of Rs. 20,000/- with two sureties, subject to presence in Court.
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.6477 of 2024
Arising Out of PS. Case No.-88 Year-2023 Thana- SAHJAHANPUR District- Patna
======================================================
Surya Mani Kumar Son of Ranjeet Kumar Resident of Village-Tina, P.S.Nagarnausa, Distt.-Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Opposite Party/s : Mr.Parmanand Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 14-05-2024
Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 1182 of 2023 arising out of Sahjahanpur P.S. Case No. 88/2023 dated 13.06.2023 registered for the offence punishable u/s 394 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, when the informant was going with cash to deposit money in bank along with his friend, in the meantime, three persons boarded on a motorcycle tried stopping the informant and the person
Patna High Court CR. MISC. No.6477 of 2024(4) dt.14-05-2024 2/3
sitting on the back fired on the informant with an intention to take away the cash.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in this case. The petitioner was remanded in this case on the basis of confessional statement of the petitioner. There is nothing against the petitioner except the confessional statement. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 09.07.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-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, Patna in connection with Sessions Trial No. 1182 of 2023 arising out of Sahjahanpur P.S. Case No. 88/2023, with the condition ;-
(i). The petitioner is directed to remain physically present before the learned Court below on each and every
Patna High Court CR. MISC. No.6477 of 2024(4) dt.14-05-2024 3/3
date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable
to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with theSessions Trial for offence under Section 394 IPC and Section 27 of the Arms Act?
2 provisions across 2 enactments
Surya Mani Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
