Legal Question in Criminal Law in India

Hi , One of my relative was caught by police under Section 414 of the Indian Penal Code

and 25 (1-B)a, 26 and 35 of the Arms Act on 21st January 2016. District court rejected the bail and finally request was filed to Patna High court. On May 17th High court gave decision as " the petitioner shall be released on bail on completion of six months in custody on execution of bail bond of Rs. 10,000/- (ten thousand), dated

Later I found that section 414 should have been removed as the vehicle was released after producing proper paper of the vehicle which was on the name of the driver who was driving the vehicle and was listed as one of the accused. I also found that cognizance was taken on 24th of May 2016 ( after 120+ days of prison). I would also like to mention here that the witness ( whose name was mentioned in the case rejected the such incidents by giving a self declaration signed from Notary officer since the day one of appeal for bail. As this incident was planned by Police and other people ) This paper is also attached in the bail request file .

Would you please let me know the what can be done now for getting released for accuse.

Thanks in advance.


Asked on 5/26/16, 6:27 am

1 Answer from Attorneys
Shailesh Kumar

Accords with your statement, your relative got bail against the order of the Patna High Court, therefore, you should have to wait for the time but at time it may such happen but you have not option than wait because of such order. Therefore, wait and watch because about one month has to pass but accords with your statement witness denied the incidence therefore you have remedies in this situation to came out from the case.

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Answered on 5/28/16, 10:19 pm


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