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Charles Kisku Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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Jharkhand HC
2024
Charles Kisku Vs the State of JharkhandCharles Kisku v. the State of Jharkhand

Allowed

Charles Kisku v. the State of Jharkhand

Jharkhand HC9 Aug 2024B.A./5147/2024

Case brief

AI extract

What is this about?

Bail application in a Mirzachouki police station Arms Act case alleging recovery of a rusted country-made pistol and live cartridge from the petitioner's house. Noting the co-accused had been granted bail and the pistol's rusty condition, the court allowed bail.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.10,000 with two like sureties to the satisfaction of the court concerned.

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs.10,000 with two like sureties to the satisfaction of the court concerned.

Issue for consideration

Whether the petitioner should be granted bail in an Arms Act case involving recovery of a rusted country-made pistol and cartridge, where the co-accused was already granted bail.

Detailed headnote1 paragraphs

The court granted bail to the petitioner arrested under Sections 25(1-b)(a)/26 of the Arms Act after recovery of a rusted country-made pistol and a live cartridge. Bail was allowed on parity with the co-accused, who had already been released on bail by a co-ordinate Bench, and considering the recovered pistol was rusted as per the seizure memo.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.5147 of 2024

Charles Kisku aged about 30 years, S/o Patwari Kisku, R/o Simra Rashitola, PO & PS Mirzachouki, District Sahibganj (Jharkhand).

..... … Petitioner

Versus

The State of Jharkhand …. …. Opp. Party

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner : Mr. S.S. Choudhary, Advocate Mr. Aman Shekhar, Advocate For the State : Mr. Arup Kr. Dey, APP

05/09.08.2024 Heard learned counsel for the applicant and learned A.P.P. for

the State.

This bail application has been filed on behalf of the applicant– Charles Kisku with prayer to release on bail in connection with Mirzachouki P.S. Case No. 92 of 2022, corresponding to G.R. Case No.124/2023 registered under Section 25(1-b)a/26 Arms Act pending in the court of learned S.D.J.M., Sahibganj.

As per allegations made in FIR which was lodged against the two named accused including the present petitioner. From the house of petitioner, one loaded country made pistol which was rusted and alongwith one live cartridge is alleged to have been recovered from the house of petitioner and likewise one rusted country made pistol alongwith live cartridge is alleged to have been recovered from the house of Bittu Kisku.

The co-accused Bittu Kisku has been granted bail in B.A. No.1801 of 2024 vide order dated 12.04.2024 by a co-ordinate Bench of this Court. As per seizure memo, the recovered country made pistol is shown itself rusted.

In view of the above the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.

(Subhash Chand, J.)

RKM

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner should be granted bail in an Arms Act case involving recovery of a rusted country-made pistol and cartridge, where the co-accused was already granted bail.

Statutes considered

1 provisions across 1 enactments

AI extract

Arms Act25(1-b)a, 26

Parties & counsel

AI extract

petitioner
Charles Kisku
respondent
The State of Jharkhand

Coram

AI extract

Subhash Chand

Case details

As recorded by the court registry

Court: Jharkhand HC
Decided on: 9 Aug 2024 · August
Registered: 29 May 2024
Case no.: B.A./5147/2024
CNR: JHHC010179062024
Topic: Bail and Remand
Bench: Subhash Chand
Disposal: Bail

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Cite this judgement

Charles Kisku v. the State of Jharkhand, B.A./5147/2024 (JH), decided on 9 August 2024.

The High Court of Jharkhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Arms Act25(1-b)a, 26

View all statutes

Bench / Coram

Subhash Chand

Parties & counsel