This oral order grants bail to the petitioner in a PS case involving offences under the Arms Act. The court directed release upon furnishing a bond with conditions requiring a close relative as a surety.
Petitioner directed to be released on bail furnishing a bond of Rs.10,000/- with two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34951 of 2015
Arising Out of PS.Case No. -97 Year- 2015 Thana -PARWATTA District- KHAGARIA ====================================================== Pankaj Kumar @ Chhotu, Son of Late Rabin Singh, Resident of Village + P.S. - Pasraha, District - Khagaria. .... .... Petitioner
Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
3 16-10-2015 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case registered for offence punishable under Sections 25 (1-B) A, 26, 35 of the Arms Act.
It is submitted on behalf of the petitioner that though a loaded country made pistol and a motorcycle have been shown to be recovered from the possession of the petitioner, however, he has got no criminal antecedent and is in custody since 23.03.2015.
Having regard to the aforementioned facts and circumstances, the petitioner, namely, Pankaj Kumar @ Chhotu is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial
Patna High Court Cr.Misc. No.34951 of 2015 (3) dt.16-10-2015
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Magistrate, Khagaria in Parbatta P.S. Case No.97 of 2015 subject to the condition that (i) one of the bailors must be a close relative or family member of the petitioner who shall file affidavit before the concerned court giving complete genealogy to show his/her relationship with him, (ii) if the petitioner is found involved in future in similar type of case then the court below would be at liberty to take steps for cancellation of his bail and, (iii) the petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below would be at liberty to take steps for cancellation of his bail bond.
(Dr. Ravi Ranjan, J)
V.K. Pandey/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in an Arms Act case.
1 provisions across 1 enactments
Pankaj Kumar @ Chhotu
The State of Bihar
Ravi Ranjan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
