Cr.Misc. application filed by a contract labourer apprehending arrest for Arms Act offences. Court granted interim stay on coercive actions for two months due to petitioner's Dengue ailment, directing appearance thereafter.
No coercive steps to be taken against the petitioner for two months due to Dengue ailment.
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.47205 of 2015
| Arising Out of PS.Case No. - =================== |
125 Year- 2015 Thana -BEGUSARAI MUFFASIL District- BEGUSARAI =================================== |
|
|---|---|---|
| Anmol Kumar The State of Bihar =================== Appearance : For the Petitioner/s : For the Opposite Party/s =================== |
.... .... Petitioner/s Versus .... .... Opposite Party/s =================================== Mr. Manoj Kumar Singh : Mr. Dr. Kr.Uday Pratap(App) =================================== |
|
| CORAM: HONOURABL ORAL ORDER |
E MR. JUSTICE DINESH KUMAR SINGH | |
| 2 | 14-10-2015 The matter |
has been listed out of turn since the |
| petitioner is suffering | from ailment of Dengue. A supplementary | |
| affidavit to that effect The petition |
has been filed. er is apprehending arrest in a case registered |
|
| for the offences punish the Arms Act. The prosecu |
able under Sections 25(1-B)a, 26 and 35 of tion case is that co-accused Mannu Kumar |
|
| and Hazari @ Kur | ra were apprehended with arms when | |
| apprehended accused | disclosed that the petitioner and others | |
| escaped from the scene | with arms. |
It is submitted by learned counsel for the petitioner that admittedly there is no recovery from the petitioner and on the alleged date of occurrence, the petitioner was on duty at Kanpur as he works as a contract labourer in the office of FCI, attendance
Patna High Court Cr.Misc. No.47205 of 2015 (2) dt.14-10-2015
2/2
register to that effect has been brought on record as Annexure-2. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
The aforesaid facts constitute ground for consideration of prayer for regular bail.
Considering the fact that the petitioner is suffering from ailment of Dengue, let no coercive steps be taken against the petitioner for a period of two months and thereafter, the petitioner will surrender and pray for regular bail in connection with Mufassil P.S. Case No. 125 of 2015 pending in the court of learned CJM, Begusarai.
Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
1 issue framed by the court
Whether coercive steps should be taken against the petitioner suffering from Dengue in relation to offences under the Arms Act.
Anmol Kumar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
