The High Court granted bail to the petitioner, an accused in cases under the Arms Act, Explosive Substance Act, and UAPA, releasing him on bond with two sureties, including one close relative.
Release on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each, with one surety being a close relative.
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.19309 of 2016
Arising Out of PS.Case No. -22 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== 1. Khusho Tanti S/o late Ramotar Tanti Of Village Bathauli, ward no. 6, P.S Barauni, District Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 06-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under Sections25(1-b)a, 26, 35 of Arms Act, Section 3 / 4 of the Explosive Substance Act and Sections 18 and 19 of Unlawful Activities (Prevention) Act.
Accusation is that on receiving secret information about gathering of Nexalaites at the residence of one Santosh Prasad, police raided the house of Santosh Prasad. At that time he was apprehended and on search one country made pistol, eight live cartridges were recovered and on search of his house some Naxali Literatures and Parcha also recovered whereas on search of the house of petitioner, three detonators, Rs. 17,900 and some
Patna High Court Cr.Misc. No.19309 of 2016 (2) dt.06-05-2016
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Naxali Litratures were recovered.
Submission is that Co-accused Santosh Prasad wants to grab the house of the petitioner and due to that reason raid was conducted in his house. He also managed to implicate this petitioner showing detonators, Naxali papers. Further submission is that the petitioner having no criminal antecedent is in custody since 12.01.2016.
Having considered the facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Barauni P.S.Case No. 22 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.
(Rajendra Kumar Mishra, J)
singh/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner accused in offenses under the Arms Act, Explosive Substance Act, and Unlawful Activities (Prevention) Act.
Whether the petitioner should be required to furnish a bail bond with two sureties for his release on bail.
3 provisions across 3 enactments
Khusho Tanti
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
