Alok Singh @ Mantosh Kumar v. The State of Bihar
Case at a glance
- Bench
- RUDRA PRAKASH
Outcome
Bail granted
Let the petitioner be released on bail on
Provisions considered
- Indian Penal Code, 1860 ss. 34, 120(B), 201, 302
- Arms Act, 1959
Judgment
====================================================== Appearance : For the Petitioner/s For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Shankar Kumar, Advocate Mr. Md. Fahimuddin, APP : : 2 07-12-2023 Heard learned counsel for the petitioner and learned APP ORAL ORDER for the State.
The petitioner seeks bail in connection with Majorganj P.S. Case No. 84 of 2023 instituted for the offence under Sections 302, 201, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.
As per the FIR, allegation against co-accused, namely, Kanhai Singh is that he fired from his pistol to one Anmol Raj due to which he sustained gun shot injury and later on he died during the course of treatment. Allegation against this petitioner is that he was involved in this offence.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-07-2023. Petitioner Patna High Court CR. MISC. No.78736 of 2023(2) dt.07-12-2023 bear four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. No specific allegation has been levelled against this petitioner. Other co-accused has been allowed bail by Co- ordinate Bench of this Court vide order dated 02-11-2023 passed in Cr. Misc. No. 69311 of 2023.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
Operative part
Let the petitioner 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 Court below/concerned Court in connection with Majorganj P.S. Case No. 84 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on Patna High Court CR. MISC. No.78736 of 2023(2) dt.07-12-2023 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) Raj Kishore/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail on
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 120(B), 201, 302; Arms Act, 1959.
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.