The Patna High Court, by an oral order, granted bail to the petitioner Mistri Rai accused of possession of cartridges and a katta under the Arms Act, directing execution of a bail bond with two sureties.
Petitioner directed to be released on bail on execution of bond Rs. 10,000 with two sureties subject to conditions.
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Patna High Court Cr.Misc. No.35437 of 2014 (2) dt.27-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35437 of 2014
Arising Out of PS.Case No. -158 Year- 2014 Thana -SONEPUR District- SARAN ====================================================== Mistri Rai @ Mishri Rai son of Ramanand Rai, R/o village- Pahleja Shahpur Diyara, P.S.- Sonepur, District- Saran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Kamaluddin, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 27-08-2014 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Sonepur P.S. Case No. 158 of 2014 registered for the offences punishable under Sections 25(1-a) (1-b)/26/35 of the Arms Act.
Allegedly, from possession of this petitioner one misfired .315 bore cartridge and one live cartridge were recovered whereas from possession of co-accused one loaded .315 bore country made katta was recovered.
Submission at the bar for release of the petitioner is that for recovery of two cartridges the petitioner is suffering in custody since 4.5.2014. The alleged recovery and seizure has been planted. It cannot be believed that the petitioner will use the cartridge without firearm and will keep the same.
Patna High Court Cr.Misc. No.35437 of 2014 (2) dt.27-08-2014
In the facts and circumstances as stated above, considering the alleged recovery and period of detention, the petitioner Mistri Rai @ Mishri Rai is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sonepur in connection with Sonepur P.S. Case No. 158 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with offences punishable under Sections 25(1-a)/26/35 of the Arms Act.
1 provisions across 1 enactments
Mistri Rai @ Mishri Rai
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
