Vishal Mali @ Vishal kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Vishal Mali @ Vishal kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bond of Rs.10,000/- with two sureties of the like amount before learned Sub-Divisional Judicial Magistrate, Sadar at Motihari, subject to conditions of cooperating in the trial, availability as and when required, and physical presence on each and every date till framing of the charge.

Issue for consideration

Whether the petitioner should be released on regular bail in connection with Pipra P.S. Case No. 134 of 2024 (offences under Sections 393, 413, 414 IPC and Sections 25(1-b), 26, 35 Arms Act).

Court's answer

Considering the facts and circumstances, especially the clean antecedent of the petitioner, the Court ordered release of the petitioner on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar at Motihari.

Ratio / Principle

Bail release made subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Key takeaways

Petitioner further directed to be physically present on each and every date till framing of the charge.ratio¶19

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.66086 of 2024 (order dated 24-09-2024, Nawneet Kumar Pandey, J): Regular bail granted to petitioner Vishal Mali @ Vishal kumar in Pipra P.S. Case No. 134 of 2024, District East Champaran, registered for offences under Sections 393, 413, 414 of the Indian Penal Code and Sections 25(1-b), 26, 35 of the Arms Act, following alleged recovery of a country-made pistol, one live cartridge and one broken chain from his possession. Petitioner in custody since 24.05.2024 with claimed clean antecedents. Bail on furnishing bond of Rs.10,000/- with two sureties of like amount before learned Sub-Divisional Judicial Magistrate, Sadar at Motihari; conditioned on cooperation with the trial, availability as required, and physical presence on each and every date till framing of the charge.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66086 of 2024

Arising Out of PS. Case No.-134 Year-2024 Thana- PIPRA District- East Champaran

======================================================

Vishal Mali @ Vishal kumar Son of Jagdish Mali Resident of VillageDhekaha Maniya Tola, P.S.-Muffasil, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.J.N. Thakur, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 24-09-2024

Heard the learned counsel for the petitioner as well

as the learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Pipra P.S. Case No. 134 of 2024, registered for the offences punishable under Sections 393, 413, 414 of the Indian Penal Code and Sections 25(1-b), 26, 35 of the Arms Act.

Allegedly, a country-made pistol, one live catridges and one broken chain were recovered from possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent and have falsely been implicated in this case. Nothing incriminating articles was recovered from possession of the petitioner. The petitioner is a person of clean antecedent and is under custody since 24.05.2024.

Patna High Court CR. MISC. No.66086 of 2024(2) dt.24-09-2024 2/2

Considering the above-mentioned facts and circumstances especially the clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar at Motihari in connection with Pipra P.S. Case No. 134 of 2024, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

The petitioner is directed to physically present

on each and every date till framing of the charge.

(Nawneet Kumar Pandey, J)

Nirmal/- U T