In a bail application under Arms Act charges, the learned Chief Judicial Magistrate at Dumka rejected the petitioner's prayer to be released on bail due to his criminal antecedents and the nature of the offence. No legal propositions or precedents were discussed.
Bail application rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8009 of 2023
Chandan Kumar … Petitioner
- Versus - The State of Jharkhand ... … Opposite Party ------
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Petitioner : Mr. Sanjeev Thakur, Advocate For the State : Mr. Achinto Sen, A.P.P. ---
04/09.11.2023
Heard the parties.
Petitioner has been made an accused in connection with Ramgarh P.S. Case No.30 of 2023, for the offences under Sections 25(1-b)(a)/26/35 of the Arms Act, pending in the court of learned Chief Judicial Magistrate, Dumka.
It is alleged that on 11.04.2023, Ramgarh police on the basis of confidential information intercepted a Bolero bearing registration No.04D-0717 and apprehended three accused persons including the petitioner. Firearms were recovered from the possession of the petitioner and also from the possession of co-accused persons alongwith looted money which was subject matter of Ramgarh P.S. Case No.29 of 2023.
Learned A.P.P. has opposed the prayer for bail and submitted that petitioner has got criminal antecedent and he is accused in as many as five other cases of similar nature.
Considering the aforesaid facts, I am not inclined to release the petitioner on bail. Accordingly, his bail application stands rejected at this stage.
(Ambuj Nath, J.)
Jay/-
2 issues framed by the court
Whether the petitioner, an accused in an arms case, is eligible for bail given his criminal antecedents.
Whether the prayer for bail shall be allowed or rejected at this stage.
Chandan Kumar
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
