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Patna High Court

MD. AINULversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The provisional bail granted to the petitioner is confirmed subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.

Summary

The petitioner, Md. Ainul, a driver of a pickup van, was alleged to have been involved in the recovery of eleven drams of kerosene oil. He had been granted provisional bail on 09-11-2023. The petitioner applied for confirmation of this bail. The court, after hearing counsel, considered the submissions and the applicability of Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. It found no reason to revoke the bail and therefore confirmed the provisional bail with the same bailors and bonds, subject to the statutory conditions. The order effectively upheld the bail granted to the petitioner.

Issues considered

  • Whether the provisional bail granted to the petitioner should be confirmed
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS are satisfied for confirmation of bail

Legislation cited

Subjects

  • bail
  • provisional bail
  • Criminal Procedure
  • Bhartiya Nagrik Suraksha Sanhita
  • kerosene oil
  • driver

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54938 of 2023
                     Arising Out of PS. Case No.-132 Year-2022 Thana- BANGARA District- Samastipur
                 ======================================================
                 Md. Ainul, son of Md. Sayeed, resident of Village- Chakbangri, P.O.- Kubauli
                 P.S.- NH Bangra, Dist- Samastipur
                                                                               ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raja Ram Mishra, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   05-01-2026                    Heard learned counsel for the petitioner

                   and learned Additional Public Prosecutor for the

                   State.

                                2.      Considering            the        submission,            as

                   petitioner was driver of one of the pickup van, from

                   where eleven drams of kerosene oil was alleged to

                   be recovered, the provisional bail granted to the

                   petitioner vide order dated 09.11.2023 is hereby

                   confirmed with same bailors and bonds, subject to

                   the conditions as laid down under Section 438(2) of

                   the      Code         of    Criminal         Procedure           (in      short

                   ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                   Suraksha Sanhita, 2023 (in short ‘BNSS’).
         Patna High Court CR. MISC. No.54938 of 2023(5) dt.05-01-2026
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                                                           (Chandra Shekhar Jha, J.)
    Sanjeet/-
U    T


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