An oral bail order releasing the petitioner on bail in a case involving offences under the Arms Act, acknowledging the petitioner's prior offenses and six-month custody.
Petitioner to be released on bail by furnishing bond of Rs.10,000/ with two sureties to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur.
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Patna High Court Cr.Misc. No.48996 of 2013 (4) dt.03-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48996 of 2013
====================================================== 1. Bimal Sah Son Of Maksudan Sah Resident Of Village- Murarpatti, P.S.Khutauna, District- Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER ------------------
4 03-01-2014 Heard learned counsel for the petitioner and learned Addl.P.P. for the State.
The petitioner seeks bail in a case which has been registered for offences under Sections 25(1-B), 26 and 35 of the Arms Act.
In absence of the petitioner, his house was searched and police has seized one gun, one live cartridge and two empty cartridges. Other persons were apprehended with fire arms.
Submission is that except the present case, the petitioner has been made accused in another case under Section 307,386, 364 and some other Sections of the Indian Penal Code and 27 of the Arms Act. That case was also registered on the same day and these two cases are the only cases in which the petitioner has been made accused. The petitioner has remained in custody for more than 6 months in the case of Arms Act.
Patna High Court Cr.Misc. No.48996 of 2013 (4) dt.03-01-2014
Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, District Madhubani in Khutauna P.S.Case No. 38 of 2013.
(Shyam Kishore Sharma, J)
Tahir/-
1 issue framed by the court
Whether the petitioner is entitled to bail in a case for offences under the Arms Act after being in custody for more than 6 months.
Bimal Sah
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
