Bail petition filed by an accused charged with offences under the IPC and Arms Act. The court considered arguments regarding custody duration and the nature of possession, ordering release on bail subject to surety conditions.
Petitioner released on bail by furnishing bond of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2844 of 2018
Chand Khan @ Md. Chand Khan..…............... Petitioner Versus State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Ms. Akansha Anil, Advocate Mr. Soumitra Baroi For the State : A.P.P.
3/18.04.2018 Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code and Section 25(1-B) (a) of the Arms Act.
It is alleged that this petitioner, being an employee of SIS Security Agency, was possessing an arm, license of which was fake.
Learned counsel for the petitioner submits that this petitioner is mere an employee and the arm with license was provided by his employer for which he cannot be penalized. She lastly submits that the petitioner is in custody since 11.12.2017 and charge sheet has already been submitted in this case.
Taking into consideration the aforesaid fact and the fact that the petitioner is in custody since 11.12.2017, I am inclined to enlarge him on bail. Accordingly, petitioner namely, Chand Khan @ Md. Chand Khan is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Tabinda Khan, Judicial Magistrate, 1st Class, Dhanbad in connection with Jorapokhar P.S. Case No. 162 of 2017 [G.R. No. 4782/2017].
Mukund/-cp. 3
1 issue framed by the court
Whether the accused should be granted bail while in custody.
2 provisions across 2 enactments
Chand Khan @ Md. Chand Khan
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
