Manish Kumar Ram Alias Mayank Varma Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Manish Kumar Ram Alias Mayank Varma Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Palamau, subject to the condition of appearing before the Court below on each and every date as and when required, failing which bail may be cancelled as per law.

Issue for consideration

Whether the petitioner, an accused in Rehla P.S. Case No. 82 of 2023 under Sections 25(1-B)(a), 26 and 35 of the Arms Act, alleged to have been caught with 8 pistols and 20 live cartridges and in custody since 22.08.2023 with charge-sheet filed, deserves to be enlarged on bail despite the State's objection based on criminal antecedents.

Court's answer

Having heard the parties and perused the records, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Palamau, in connection with Rehla P.S. Case No. 82 of 2023.

Ratio / Principle

The grant of bail is subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which appropriate order shall be passed for cancellation of the bail as per the provisions of law.

Detailed headnote1 paragraphs

BAIL APPLICATION ALLOWED — Arms Act offences (Ss. 25(1-B)(a), 26, 35) — Accused in Rehla P.S. Case No. 82 of 2023, alleged to have been caught red-handed with a bag containing 8 pistols and 20 live cartridges; in custody since 22.08.2023 with charge-sheet submitted; State opposed bail citing huge quantity of arms/ammunition recovered and criminal antecedents; held, in light of persuasive submissions and facts and circumstances of the case, petitioner enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Palamau, subject to condition of appearance on each and every date, failing which bail liable to cancellation as per law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2825 of 2024

Manish Kumar Ram @ Mayank Verma ... … Petitioner

Versus The State of Jharkhand … … Opposite Party ------- CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR -----For the Petitioner : Mr. Anurag Kashyap, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. --------

Order No. 04 / Dated 9^th September, 2024

Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

The petitioner is an accused in connection with Rehla P.S. Case No. 82 of 2023, dated 21.08.2023, for the offence registered under Sections 25(1-B)(a), 26 and 35 of the Arms Act and the case is pending before the Court of learned Chief Judicial Magistrate, Palamau.

It is submitted on behalf of the petitioner that as per the allegations set out in the F.I.R. is that the petitioner has been caught red handed alongwith a bag containing 8 pistols and 20 live cartridges.

Learned counsel for the petitioner has submitted that the petitioner is in jail since 22.08.2023 and charge-sheet in this case has been submitted and therefore, the possibility of tampering the evidence is very remote.

Further it has been pointed out that in earlier cases pending against this petitioner the petitioner is said to have been enlarged on bail and therefore, let the petitioner be enlarged on bail.

On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that huge quantity of arms and ammunitions have been recovered from the possession of this petitioner and he is a man of criminal antecedent and therefore, he does not deserve to be enlarged on bail.

Having heard the parties, perused the records of this case. 8. In the light of the persuasive submissions advanced on behalf of the parties and under the facts and circumstances of this case, the petitioner hereinabove is directed to be enlarged on bail on furnishing bail bond of

D.S.

Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Palamau, in connection with Rehla P.S. Case No. 82 of 2023, subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provisions of law.

(Navneet Kumar, J.)

2 B.A. No.2825 of 2024