Single Judge High Court allowed an anticipatory bail petition for an error petitioner in an Arms Act case. Court held since petitioner was not caught at the spot and co-accused made out a confession, bail was granted.
Granted anticipatory bail; petitioner to be released on furnishing bail bonds of Rs 10,000/- and two sureties.
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Patna High Court Cr.Misc. No.20029 of 2014 (4) dt.22-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20029 of 2014 Arising Out of PS.Case No. -121 Year- 2013 Thana -DHARHARA District- MUNGER ====================================================== 1. Md. Sintu S/o Md. Nasimuddin Resident of Village Mirzapur Bardah, Police Station Mufassil, District Munger. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md. Irshad For the Opposite Party/s : Mr. R.B.Rai Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 22-12-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Dharhara P.S. Case No. 121 of 2013 registered for the offences punishable under Sections 25(1-A), 25(1-B) AC, 26(1) (2) (3), 35 of the Arms Act.
Admittedly, neither petitioner was caught at the spot nor anything was recovered from his conscious possession and his name came in this case in confessional statement of co-accused, who were caught at the spot. Petitioner does not have any criminal antecedent which is evident from perusal of para-3 to the petition.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is
Patna High Court Cr.Misc. No.20029 of 2014 (4) dt.22-12-2014
allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in Dharhara P.S. Case No. 121 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether an anticipatory bail application should be allowed given the petitioner was not caught at the spot and had no criminal antecedents.
2 provisions across 2 enactments
Md. Sintu
State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
