Petitioner seeking bail in a prosecution under the Arms Act for possessing a loaded country-made pistol. High Court granted bail with sureties and an undertaking of good behaviour.
Petitioner released on bail with bonds of ₹10,000, two sureties, and an undertaking of good behaviour.
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. 45265 of 2014
| Arising Out of PS.Case No. -78 Year- 2013 Thana -BHADAUR District- PATNA ====================================================== |
|---|
| Sukhari Paswan @ Shailendra Paswan Son of Late Basudev Paswan resident of Village Dhobichak, P.S. Bhadaur, District Patna. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== |
Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ===================================================== |
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER |
| 2. 07.01.2015 Heard learned counsel for the petitioner and |
| Mr. Pranav Kumar, learned A.P.P. for the State. |
| The petitioner seeks bail in Bhadaur P.S. Case |
| No. 78 of 2013 dated 11.10.2013 instituted under Sections |
| 25(1-B) (a)/26/35 of The Arms Act, 1959. |
The prayer for bail of the petitioner was earlier rejected on 25.09.2014 in Cr. Misc. No. 26983 of 2014 on the ground that wrong statement has been made in the main application with regard to the antecedent of the petitioner.
Learned counsel for the petitioner submits
that the petitioner is alleged to have caught with a loaded countrymade pistol. Learned counsel submits that the petitioner is accused in two other cases of the year 1999 and 2005 and is in custody in the present case since 12.10.2013. It is submitted that the petitioner undertakes not to indulge in any other criminal activity for which the Court may impose
Patna High Court Cr.Misc. No.45265 of 2014 (2) dt.07-01-2015
2/2
suitable conditions.
Learned A.P.P. opposes the prayer for bail. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner 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 learned A.C.J.M., Barh, Patna in Bhadaur P.S. Case No. 78 of 2013. One of the bailors shall be the wife of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T
1 provisions across 1 enactments
Sukhari Paswan @ Shailendra Paswan
The State of Bihar
AHSANUDDIN
AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
