Patna High Court · 2024
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 399, 402, 411, 412, 414
- Arms Act, 1959
Key paragraphs
- Para 66. From perusal of the FIR and impugned order of the learned 20th Additional District and Sessions Judge, Muzaffarpur dated 27.07.2024, it appears that petitioner is named in the FIR. Similarly situated co-accused person namely, Rohit Kumar has been granted bail by a co-ordinate Bench…
Judgment
Mr. Sheo Kumar Prasad, Advocate Mr. Binod Kumar, APP CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sakra P.S. Case No. 261 of 2024 instituted for the offences punishable under Sections 399, 402, 411, 412 and 414 of the Indian Penal Code and Section 25(1-B) a, 26 and 35 of the Arms Act.
As per the prosecution case, the police, on secret information, reached at the place of occurrence. On seeing the police party, the accused persons tried to flee away. On search one country made pistol has been recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics. He submits that neither any incriminating article has been Patna High Court CR. MISC. No.19075 of 2025(2) dt.16-04-2025 recovered from the conscious possession of the petitioner nor he is concerned with the co-accused persons. He further submits that there is no any independent witness of the seizure list. Petitioner is in custody since 15.05.2024.
Learned APP opposes the prayer for bail.
From perusal of the FIR and impugned order of the learned 20th Additional District and Sessions Judge, Muzaffarpur dated 27.07.2024, it appears that petitioner is named in the FIR. Similarly situated co-accused person namely, Rohit Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 61506 of 2024 vide order dated 14.11.2024, so considering all these aspects of the matter and submissions of learned counsel for the parties and also taking into account the period of custody of the petitioner, the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned A.C.J.M.-15th, Muzaffarpur East in connection with Sakra P.S. Case No. 261 of 2024. (Ramesh Chand Malviya, J) Anand Kr. U T
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 399, 402, 411, 412, 414; Arms Act, 1959.
Which court decided this case, and when?
Patna High Court, on 27 Jul 2024. The bench was RAMESH CHAND MALVIYA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.