Petitioner accused in an arms case was directed to be released on bail by the Patna High Court, furnishing a bond with two sureties, despite disputed implicating circumstances.
Release of petitioner Deepak Giri on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.24459 of 2014 (02) dt.20-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24459 of 2014
Arising Out of PS.Case No. -109 Year- 2014 Thana -ARA NAGAR District- BHOJPUR
====================================================== Deepak Giri @ Dipak Giri @ Pawan Giri .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Nath-Advocate For the Opposite Party/s : Mr. Arun Kumar-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02 20-08-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Petitioner along with family members being an accused in connection with Ayar P. S. Case no.11 of 2014, was apprehended along with his associate Birendra Sah and during interrogation, both have disclosed that they were going to place of Rakesh Pandey where his father Binod Kumar Giri had concealed firearms and ammunitions, on account thereof, house of Rakesh Pandey was searched and during course thereof, four live cartridges have been seized.
It has been submitted on behalf of petitioner that nothing has been recovered from his possession. Mere presence of cartridges as suggested itself indicate false implication. Apart from this, the confessional statement leading to recovery, in the present
Patna High Court Cr.Misc. No.24459 of 2014 (02) dt.20-08-2014
scenario will attract Section 35 of the Arms Act indicating joint possession and further, as Rakesh Pandey had already been let off on bail by the learned lower Court itself, petitioner is also entitled for bail.
On the other hand, learned Additional Public Prosecutor opposed the prayer.
Accordingly, petitioner Deepak Giri @ Dipak Giri @ Pawan Giri 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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Arrah Town P. S. Case No.109 of 2014
(Aditya Kumar Trivedi, J)
Vikash/-
U T
Deepak Giri @ Dipak Giri @ Pawan Giri
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
