Petitioner arrested under Arms Act sought bail. Court observed seized arms were from jail, not petitioner's conscious possession, noting prior acquittals. Granted bail with bond.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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Patna High Court Cr.Misc. No.48256 of 2012 (2) dt.28-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48256 of 2012
====================================================== Gorakh Thakur, Son of Late Rajendra Thakur, Resident of Village- Prakash Nagar, Narkatiaganj, P.S. Shikarpur, District- West Champaran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 28-01-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Bettiah(Town) P.S. Case No. 508 of 2012 registered under Sections 25 (1-b),A, 26 and 35 of the arms Act.
Learned counsel for the petitioner submits that seized arms have not been recovered from the conscious possession of the petitioner and it has been recovered from Room No. 4 in jail premises. It has further been submitted that petitioner has been remanded in this case on 04. 09. 2012, though, occurrence took place on 24. 07. 2012. It is further submitted that petitioner has criminal antecedent but in most cases he has been acquitted.
Having regard to the facts and circumstances of the case, the above named petitioner 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 the Chief
Patna High Court Cr.Misc. No.48256 of 2012 (2) dt.28-01-2013
Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah (Town) P.S. Case No. 508 of 2012, subject to condition that petitioner shall appear on each and every date fixed in this
case.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether the petitioner should be released on bail given the nature of the arms charge and prior acquittals.
4 provisions across 1 enactments
Gorakh Thakur
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
