Bench directed release of two accused petitioners on bail in an Arms Act case pending before Chief Judicial Magistrate at Seraikella, requiring a bail bond of Rs.10,000 with sureties.
Released on bail by furnishing bonds of Rs.10,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2938 of 2018
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---For the Petitioners : Mr. Jitendra Nath Upadhyay, Advocate For the State : Mr. Sudhir Kumar Roy, A.P.P.
6/ 06.09.2018 Heard learned counsel for the parties.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioners.
Petitioners are accused for allegedly committing the offence punishable under Sections 25(1-B)a, 26/35 of the Arms Act in connection with Adityapur Police Station Case No.353 of 2017 corresponding to G.R. No.1218 of 2017, pending in the Court of learned Chief Judicial Magistrate at Seraikella.
An affidavit is filed on behalf of the petitioners stating that, so far as petitioner Kadim Khan is concerned, in four cases, i.e., Sadar Chaibasa Police Station Case No.87 of 2014, Sadar Chaibasa Police Station Case No.29 of 2014, Sadar Chaibasa Police Station Case No.89 of 2014 and Sadar Chaibasa Police Station Case No.37 of 2014, petitioner Kadim Khan is not named in the FIR nor in the chargesheet. Thus, there are three cases pending against the petitioner Kadim Khan. So far as petitioner No.2 is concerned, there are no criminal cases against him.
One loaded country made pistol and live cartridge was recovered from the possession of petitioner Kadim Khan. Both the petitioners are in custody since 09.12.2017.
Taking into consideration the period of custody, petitioners, namely, Kadim Khan and Md. Hasim @ Hasim, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate at Seraikella in connection with Adityapur Police Station Case No.353 of 2017 corresponding to G.R. No.1218 of 2017.
( Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether the petitioners are entitled to bail in an offence under the Arms Act where one petitioners is already in custody?
1 provisions across 1 enactments
Kadim Khan
Md. Hasim @ Hasim
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
