In bail petitioner, rejected bail due to serious nature of possession of firearms and prior criminal history. Liberty granted to renew prayer after one year of custody.
Bail rejected; liberty to renew prayer after completion of one year of jail-custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48831 of 2014
Arising Out of PS.Case No. -325 Year- 2014 Thana -PURNEA SADAR District- PURNIA ====================================================== Md. Zafar @ Md. Zaffar S/o Shekh Usman, Resident of Boliya Gumti, P.S. Manihari, District – Katihar. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Aditya Narayan Singh 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 20-02-2015 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is seeking bail in connection with Sadar (Muffasil) P.S. Case No. 325 of 2014 registered for offences under sections 25(1-B)a/26/35 of the Arms Act.
The petitioner, apart from the aforesaid case, is carrying two criminal histories on his head. Allegation has been made that Police party intercepted the petitioner and recovered from his possession a pistol loaded with eight cartridges and his associate was also carrying pistol loaded with eight cartridges.
Looking to the nature of allegation and criminal history, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is rejected. However, petitioner will
Patna High Court Cr.Misc. No.48831 of 2014 (2) dt.20-02-2015
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have liberty to renew his prayer for bail after completion of one year of jail-custody.
(Shivaji Pandey, J)
Mahesh/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a case under the Arms Act given his criminal history.
Whether the petitioner can be granted bail in connection with offences under sections 25 and 35 of the Arms Act.
1 provisions across 1 enactments
Md. Zafar @ Md. Zaffar
The State of Bihar
SHIVAJI PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
